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Murrayhill Board Policy Manual

Revised August 16, 2012 1

Table of Contents

Duties of Board Officers ..................................................................................... 2

Access and Review of Individual Owner Files ................................................. 3

Audit Policy ......................................................................................................... 4

Fence Policy ........................................................................................................ 5

Guidelines for the ARC Application Process ................................................... 6

MOA Web Site Posting Guidelines .................................................................... 7

Board Liaison Assignments .............................................................................. 9

Board of Directors Review Process at Owner’s Request .............................. 10

Legal Issues ...................................................................................................... 13

Committee Assignments .................................................................................. 14

Additional ARC and CC Members: .................................................................. 15

MOA Correspondence ...................................................................................... 16

Conflict of Interest ............................................................................................ 17

Publishing MOA Documents ............................................................................ 18

Duplication of Governing Documents ............................................................. 19

Neighborhood Inspections .............................................................................. 20

Tracking of Fines and Liens............................................................................. 21

Fine Accrual and Money Judgement ............................................................... 22

Late Fee Policy .................................................................................................. 23

Committee Meeting Times ............................................................................... 28

Repair to Common Area ................................................................................... 29

Single-Family Election Guidelines .................................................................. 30

Landscaping and View Protection ................................................................... 33

Estoppel Certificate Preparation ..................................................................... 34

Home Occupation Application Policy ............................................................. 35

Landscape Maintenance .................................................................................. 37

Replacing Sidewalks and Street Trees ........................................................... 39



Duties of Board Officers Approved: December 21, 2000

Amended: February 16, 2006

President

Preside over Board meetings, Special meetings and the Annual meeting.

Sign checks for the association;

Primary liaison between the Board and the property management company;

Secondary liaison between the Board and the association’s attorney.

Vice President

Functions as the President in the absence of the current President, this includes:

Presiding over Board meetings, Special meetings and the Annual meeting when the

President is absent;

Signing checks for the association when the President is unavailable;

Secondary liaison between the Board and the property management company when

the President is unavailable.

Secretary

Liaison between the Board and the association’s attorney;

Generates written correspondence for the ARC and Compliance committees when the

MOA Administrator is not available;

Responsible for overseeing the content placed on MOA Web Site.

Treasurer

Prepares and presents an annual report to the owners at the Annual meeting of

Owners;

Signing checks for the association when the President is unavailable



Access and Review of Individual Owner Files Approved: June 18, 1998

To protect the privacy of the owner’s files at the MOA and to maintain the files in good

order, the Board of Directors has established the following procedures for access and

review of owner files.

Board members and Committee members may view the files at their own discretion in the

MOA Office. The files and any material or documents in the files are not to be removed

from the MOA office. If it is necessary to have information from a file, copies of the

document may be made as a reference. A memorandum is to be placed in the file

describing the purpose of the review and identifying the documents copied. The

memorandum is to be signed by the Administrative Assistant and the Board member or

Committee member.

Should owners wish to view files, they may do so in the MOA Office during regular

business hours. Individual owners may review only their files. The file and any materials

or documents are not to be removed from the MOA Office. If an owner requests a copy

of materials, the Administrative Assistant is to make the copies and provide a

memorandum to file, signed by the owner and the Administrative Assistant identifying

the documents that were copied. No other parties may have access to files without Board

approval.

The Administrative Assistant is charged with the administration and keeping of the files.

The Association Manager may also have access to the files.



Audit Policy Approved: August 19, 1999

The Murrayhill Board of Directors will have an Annual Review done each year with an Audit being performed every fourth year, beginning with the 1997 Audit.



Fence Policy Approved: October 21, 1999

Regarding the responsibility and ownership of fences in Murrayhill the MOA Board resolves: 1. MOA does not claim any ownership of fences1. 2. Fences1 are the property of the individual owner and maintenance is the

individual owner’s sole responsibility. 3. MOA will forgo any claim it might have on an individual owner for

contribution toward construction or maintenance of the fences to date. 4. MOA will not paint, repair, maintain or replace any such fences1. 5. Fences can not be removed without Architectural Review Committee

(“ARC”) approval. All fencing on boundary lines between an individual lot and MOA common area must be maintained by the owner(s) whose lot(s) about the fence. The fences may not be removed or altered without application and approval for such specific request from the ARC. MOA owners should recognize that such fence boundaries may not necessarily have been perfectly installed on the actual legal boundary line. The placement, maintenance, alteration, and replacement of such boundary fences is not intended to modify any legal boundary line, whether by adverse possession or otherwise. To that end, MOA hereby gives its revocable consent for the enclosure of any portion of MOA common area by any such fence. Such revocable consent does not remove the requirement that any owner altering or removing such a fence first obtain the approval of the ARC.

1 Except those fences around the wetland pond common area. MOA owns and

will maintain these fences.



Guidelines for the ARC Application Process Approved: July 15, 2004 Amended: August 16, 2012 The Murrayhill Owners Association Board of Directors, the Architectural Review Committee and the Compliance Committee shall adapt and support actions that are in the best interests of the owners of Murrayhill by: 1. Assuring timely response to residential owner’s submittals.

a. Minor ARC applications should be completed in 30 days. b. Major ARC applications, i.e., new construction and major remodels that

require the use of the MOA’s architectural consultants, shall be completed in 90 days.

c. Applications that go beyond these timelines shall be forwarded to the Board of Directors.

d. Applications that are not approved may be appealed to the Board of Directors under the Board Review Policy.

2. Assuring timely response to commercial owner’s submittals.

a. Minor ARC applications will be reviewed by ARC and forwarded to the Board within 30 days with all comments and recommendations for the final review.

b. Major ARC applications will be reviewed by ARC and forwarded to the Board within 60 days with all comments and recommendations for the final review.

3. Non compliance issues that have existed for years should be treated by noting the owners file, and no further action taken.

4. The ARC shall limit their decisions to the specifics of the CC&Rs and the Design Guidelines.



MOA Web Site Posting Guidelines Approved: November 18, 1999 Amended: March 16, 2006

DISCLAIMER:

These are general guidelines for the Murrayhill Owners Association web site. In no

case shall these Web Site Posting Guidelines supercede the Bylaws, CC&Rs, or Design

Guidelines. If these guidelines contradict the governing documents, the governing

documents shall control. Further, the Board of directors and its member responsible

for content and oversight reserve the right to make individual decisions regarding

materials submitted for the MOA web site on a case-by-case basis, and these general

rules are for guidance only.

I. Web site Oversight:

a) Guidelines - The MOA Board of Directors is responsible for approving and

amending the Murrayhill Owners’ Association Web Site Posting Guidelines.

b) Content Oversight - One MOA Board Member shall be charged with the

oversight of the MOA web site.

c) Postings - The MOA Administrator shall be responsible for posting

information to the MOA web site. The MOA Administrator is responsible for

obtaining content review from the designated MOA Board member prior to

posting.

d) General Disclaimer - The MOA web site shall have the following general

disclaimer clearly and obviously posted on the Home Page:

Disclaimer:

The materials on this web site are provided as a public service to MOA

members and other interested parties. MOA staff and volunteers make

every effort to keep materials on this web site updated. The official,

currently effective governing documents, rules, regulations, and

guidelines, however, can only be obtained directly from the MOA office

at 11010 S. W. Teal Blvd., Beaverton, Oregon 97007, telephone 503-524-

4429.

II. MOA Board Meeting Information

The web site should contain postings that document the MOA Board Meetings

and allow owners to stay current with the issues and decisions coming before the

MOA Board of Directors.

a) MOA Board Meeting Schedule – A description of the normal meeting date,

time and place shall be posted.



b) History – MOA Board Minutes, should remain posted for 12 months to provide

a 1-year rolling history.

III. Public Notices

All public notices addressed to the Murrayhill Owners’ Association should be

posted within forty-eight (48) hours of receipt. These should remain posted as

long as the information contained in the notice is valid and relevant to the

Murrayhill owners.

IV. MOA Policies and Procedures

The MOA web site should contain current versions of documents that define the

operating principles for the MOA.



Board Liaison Assignments Approved: May 18, 2000

Amended: March 16, 2006

Board Liaisons:

The MOA Board of Directors shall appoint one (1) director to serve as the Board’s

liaison for each MOA authorized committee (the “ Board Liaison”). This includes

standing (permanent) committees and temporary committees.

Responsibilities of Committee to their Board Liaison:

Each committee will provide their liaison with a copy of all correspondence received by

the committee and sent from the committee. This information shall be provided to the

Board Liaison for presentation at each regularly scheduled Board Meeting.

Responsibilities of the Board Liaison to the Committee:

The Board Liaison shall be the primary board contact for the committee. The Board

Liaison shall be available to review and discuss issues with committee members. The

Board Liaison shall bring committee concerns to the Board and Board concerns to the

committee.

The Board Liaison shall ensure the committee follows the policies and procedures

defined by the CC&Rs and the Board Policy Manual. This shall include reviewing

correspondence to and from the committee, evaluating the performance of the committee,

and assisting the Board in ensuring the committee serves the Murrayhill community as

the Board intends.

Voting Rights:

The Board Liaison shall be an alternate member of the committee. Board Liaison shall

function as a full member of the committee at regular committee meetings where at least

one (1) committee member is absent or one committee position is currently unfilled.

Board/Attorney Liaison:

The Board Secretary shall act as liaison with the attorney’s office to make decisions

relating to routine collection, compliance, and enforcement matters, and any other matters

that are in litigation. The Board Secretary and the MOA Manager shall review each

compliance-related file before it is referred to the attorney’s office for action. The review

shall be conducted in accordance with the Compliance Fine Accrual and Money

Judgment Policy. The Board Secretary, Board President or the Board itself has the

authority to reduce or dismiss Compliance fines that have been assessed.



Board of Directors Review Process at Owner’s Request Approved: December 16, 1999

The Board of Directors Review Process outlined in this document has been

adopted by the Murrayhill Owners Association ("MOA") Board of Directors as a rule and

regulation. The Board of Directors Review Process is intended to provide an

administrative procedure available at the request of MOA owners as a limited final

review of an architectural or compliance matter by the MOA Board of Directors. The

primary objective of this process is to provide an additional opportunity for

communication between the owner and MOA regarding the matter in dispute. The MOA

Board of Directors recognizes that after internal administrative procedures (according to

the Compliance Policy and Procedures Manual) are exhausted, the next step in ongoing

disputes may often be litigation. MOA wishes to provide this review process as an

additional mechanism that may allow owners to avoid that litigation.

The Architectural Review Committee (the "ARC") has sole and exclusive

jurisdiction to grant or withhold architectural permits at MOA. The Compliance

Committee (“CC”) has been established by the MOA Board of Directors to handle

execution of ARC decisions and to foster compliance with the MOA CC&Rs and Design

Guidelines, particularly in situations where owners have taken actions in violation of

such restrictions or have failed to take actions required by such restrictions. This Board

of Directors' Review Process is not intended to provide an opportunity for the Board of

Directors to overrule the ARC or CC, but to review compliance with due process, suggest

compromises or to limit, forgo or proceed with enforcement of an ARC decision.

The MOA Board of Directors has authority for administering the legal and

financial affairs of MOA, and only the Board of Directors has the authority to direct the

filing of liens or the institution or defense of legal proceedings, including any of the same

relating to disputes arising in connection with matters under the jurisdiction of the ARC

and CC.

1. Scope of Review / Possible Outcomes. When the Board of Directors conducts a

review, it shall limit its scope of review as follows, and shall render a decision limited to

one of the following:

Area Subject to

Review

Scope of Review Possible Outcomes

Due Process The Board shall review the

procedures used by the ARC or

the CC to determine whether there

was substantial compliance with

MOA procedures, rules, and

regulations so as to provide the

If the Board finds that MOA

procedures and rules and

regulations were not followed, the

Board may remand this matter to

the ARC or the CC with

instructions to remedy any due



owner with due process. process defect.

Alternatively, if the Board finds

that there was substantial

compliance with MOA

procedures, rules and regulations,

then the Board shall announce that

there was no due process defect.

Suggested

Compromise

The Board shall consider

whether there are other

alternatives for consensual

resolution of the dispute.

The Board may suggest - but

may not require or impose – an

alternative basis for resolving

the dispute consensually

between the ARC or CC and the

owner.

Alternatively, the Board may

conclude that there are no

apparent avenues for a

compromise.

Enforcement If due process was provided,

and there is no consensual

resolution of the dispute as a

result of suggestions by the

Board, the Board shall consider

whether it wishes to enforce the

decision of the ARC or the CC,

or whether it wishes to waive

formal enforcement steps, or to

pursue limited or reduced

enforcement steps.

The Board may affirm the

decision of the ARC or the CC

and announce its intention to

enforce the same. This decision

shall not commit the Board to

take any particular enforcement

action, which action shall be

determined and pursued at the

discretion of the Board, at such

time(s) as it may choose.

Alternatively, the Board may

announce that it will not enforce

the decision of the ARC or the

CC, or that it will pursue certain

particular enforcement steps

only, and will not pursue other,

more vigorous steps.

Notwithstanding a decision for

limited enforcement or no

enforcement, the Board may not

overturn any ARC or CC

decision, and any finding of

noncompliance shall be noted in

the owner's file and MOA



records, together with a notation

that the Board's decision not to

pursue more vigorous

enforcement techniques shall

not act a waiver of the present

or any future violation.

2. Procedure. The Board of Directors' Review Process shall proceed as follows:

a. Owner Initiated. The owner shall notify the MOA Board of

Directors in writing of the owner's desire for Board review.

b. File Review. The Board of Directors shall request and review all

written materials of the ARC and CC files relating to the matter.

c. Settlement Meeting. The Board of Directors may choose to meet

privately with the owner or with the owner and a representative of the ARC or CC

in order to explore alternative suggestions for consensual resolution of the

dispute.

d. Presentation to Board. The Board of Directors may choose to

hear from the owner at a Board meeting. If the Board of Directors chooses to

hear from the owner, the owner will have a limited period of time determined by

the Board of Directors, usually five (5) minutes, to make a presentation to the

Board of Directors. It is the intent of this process that the owner and the ARC or

CC make their presentations in writing in advance of any Board meeting at which

the matter is heard. At any such meeting, the Board of Directors may also choose

to hear from the ARC or CC representative, who will have a similar timeframe for

presenting comments from their committee.

e. Immediate Decision. In most instances except where the ARC or

the CC and the owner are still working to reach a consensual resolution, the Board

of Directors will announce a decision meeting the requirements of Section 1

above at the meeting at which the matter is heard

f. Referral to MOA Attorney. The Board may refer a matter to the

MOA’s attorney for review and/or further enforcement. The Board Secretary and

the MOA property management company’s primary contact shall review each

compliance-related file before it is referred to the MOA’s attorney’s office.



Legal Issues Approve: April 20, 2000


Legal Threats or Legal Action:

When a MOA Director, committee member or staff person is discussing a MOA related

issue with another party and this party threatens or initiates legal action relative to the

issue under discussion, all discussion on the topic shall cease immediately. The MOA

representative involved in the discussion is responsible for notifying the current MOA

President and MOA Secretary of the threat within 48 hours. Discussions between the

party and MOA representatives may resume only after receiving written authorization

from the MOA Board President or Secretary.

Contact once matter referred to the MOA Attorney:

Once the MOA Board has referred an issue to the MOA attorney, all discussion between

MOA representatives and other parties relative to the issue shall cease. Discussions

between the party and MOA representatives may resume only after receiving written

authorization from the MOA Board President or Secretary after discussion with the MOA

attorney.



Committee Assignments Approved: May 18, 2000

Amended: August 18, 2005

Amended: January 19, 2006

Amended: October 16, 2008

Appointment:

The MOA Board at a regularly scheduled Board Meeting shall approve each committee

member. A committee member may be appointed by the vote of two Board members and

the Committee Liaison to serve temporarily until the next regularly scheduled board

meeting where the appointment will be ratified. All committee members serve at the

pleasure of the MOA Board. All appointments shall be for an explicit length of term.

The Board, at its discretion, may remove a committee member prior to the completion of

that member’s term by notifying the committee member in writing of the Board’s

decision to remove the member from the committee. Such notification letters must be

signed by a majority of the sitting directors.

Criteria for Approving Committee Members:

To qualify as a candidate for a MOA committee an individual must be either a MOA

Homeowner, a representative of the MOA Commercial properties, or a representative of

the MOA Multi-family properties.

A MOA Homeowner must be in “good standing” with the MOA. “Good standing” shall

mean:

MOA dues are paid and up to date

Fines (if any have been levied) are paid

No outstanding issues with Compliance Committee, the ARC, or Landscape

Committee.

Length of Term:

All committee appointments shall be for one (1) year.

Re-appointment:

Committee members may, at the Board’s discretion, be re-appointed to the same

committee. The Board recognizes that widespread community involvement is key

to committee success and shall consider other qualified candidates before re-appointing

a committee member.



Additional ARC and CC Members: Approved: January 19, 2006

The Board of Directors may designate another Director or other MOA member to serve

as additional temporary alternate member(s) of the Architectural and Compliance

Committees as necessary to assure that there are five (5) members reviewing each matter

coming before such Committee.

A Board Director may vote as an alternate on the Architectural Review or the

Compliance Committee when one or more committee members are required to recuse

themselves due a conflict of interest.

Rational:

To provide that all issues presented to the ARC or CC committees are given a fair review.



MOA Correspondence Approved: May 18, 2000

Letters, Notices and Stop Work Orders:

Only the MOA Administrator, the MOA’s attorneys, the MOA property management

company’s primary contact, and the MOA Secretary are authorized to send letters,

Notices, and Stop Work Orders to MOA owners relative to ARC, Compliance Committee

or Landscape committee issues. All letters (except those sent by MOA attorneys) Notices

and Stop Work Orders shall be typed on MOA letterhead and include the MOA’s address

and phone number as well as the name of either the MOA Administrator, the MOA

property management company’s primary contact, The MOA President or the MOA

Secretary as the contact person for return correspondence.

Stop Work Orders:

Stop Work Orders (“SWO”) may originate from either the Compliance Committee or the

Architectural Review Committee. Two authorized people are required to approve the

issuance of a SWO. The ARC is responsible for administering the SWO since all Level

III infractions involve actions under ARC jurisdiction. The Compliance Committee is

responsible for referring failure to stop work to the MOA Board of Directors.

Before a Stop Work Order can be issued for a Level III infraction the corresponding

referral must first be reviewed and approved by at least two people that the MOA Board

of Directors has authorized to approve Stop Work Orders. The MOA Board of Directors

authorizes the following people approve Stop Work Orders:

Compliance Committee Chair

ARC Chair

MOA Board Members

MOA’s Property Management primary contact

Approval may be in writing, via email or via voice mail. Evidence of the approval must

be provided, e.g. signed memo, email from an authorized person, tape recording of verbal

approval by authorized person.

The MOA Administrator, MOA’s attorneys, MOA property management company’s

primary contact, the MOA President or the MOA Secretary (and only these persons) shall

send Stop Work Orders (SWO) by both Certified Mail and regular mail. In addition, the

Chair or designate of the initiating committee (either ARC or CC) may choose to hand

deliver a third copy of the SWO. Stop Work Orders shall be typed on MOA letterhead

and include the MOA’s address and phone number as well as the name of either the

MOA Administrator, the MOA property management company’s primary contact, the

MOA President or the MOA Secretary as the contact person for return correspondence.



Conflict of Interest Approved: May 18, 2000

Conflict of Interest:

The actions of the Architectural Review Committee, Compliance Committee, and

Landscape Committee must be above reproach. The MOA Board of Directors prohibits

any committee member from voting on issues where he or she may have a conflict of

interest as defined by the MOA Board of Directors from time to time.

This prohibition specifically precludes the following:

An ARC member from voting on:

ARC applications involving MOA lots owned by the ARC member;

ARC applications involving MOA lots adjacent to or adjoining the ARC

member’s lot;

ARC applications where the ARC member has a business relationship with the lot

owner directly related to the application.

A Compliance Committee member from voting on

Referrals involving MOA lots owned by the CC member

Referrals involving MOA lots that are immediately adjacent to or adjoining the

CC member’s MOA lot.

A Landscape Committee member from voting on

Landscape issues concerning MOA common areas that are immediately adjacent

to or adjoining the Landscape Committee member’s MOA lot.



Publishing MOA Documents Approved: May 18, 2000


From time to time, any portion of the Murrayhill Owners Association’s Bylaws, CC&Rs,

Design Guidelines, Compliance Policy and Procedure, and the Murrayhill Board Policy

Manual may be superseded, amended, modified or revoked.

After the Board has approved the new version the following actions will be taken to

provide MOA members access to the new provision, rule, regulation or document:

1. The new document, suitable for printing, shall be posted to the MOA Web-site,

replacing the previous version of the provision, rule, regulation or document. A

notice/link shall be posted on the home page pointing to the new version.

2. Offer to provide MOA members with a hardcopy of the new provision, rule,

regulation or document if they request a copy from the MOA Office.



Duplication of Governing Documents Approved: July 20, 2000

The MOA shall keep one copy of the governing documents, MOA Board Agendas, and

MOA Meeting Minutes in the MOA Office and make that copy available to owners

wishing to review this information. This copy shall not leave the MOA Office, it must be

reviewed in the presence of the MOA Administrator to preserve its integrity and

completeness.

The MOA will make copies of this information for owners on request. However the

owner must pay the cost of retrieving and copying the information. The following fee

schedule shall apply:

For information in the MOA Office (page counts tallied on an annual basis):

Pages 0 – 5: No Charge

Pages 6 – 250: $0.15 per page

Pages 251 and beyond: $0.15 per page plus $15.00 per hour

For information that must be retrieved from the Management Company’s archives,

the fee shall be determined by the Management Company based on its actual

expenses and typical profit margins.



Neighborhood Inspections Approved: September 21, 2000


The MOA Board of Directors agrees that enforcement of the Murrayhill Owners

Association CC&Rs and the Design Guidelines should be based upon inspection or

observation of the neighborhood by Board members or committee members and on

particular complaints registered by individual owners.



Tracking of Fines and Liens Approved: September 21, 2000 The MOA Administrator shall keep log recording the details surrounding each situation where a fine or lien has been imposed against a MOA lot. This log shall be updated each quarter and be supplied to the MOA Board of Directors at least one week prior to the 2nd regularly scheduled board meetings of each quarter (i.e. Feb, May, Aug, & Nov). The Board of Directors shall review this log at the 2nd regularly board meeting of each quarter and explicitly decide to either:

take action to pursue resolution of the issue, dismiss the issue, or maintain the status quo with the issue.

The Board of Director’s decision for each issue will be recorded in the MOA Administrator’s log.



Fine Accrual and Money Judgement Approved: August 16, 2001

Rationale: The MOA By-Laws and CC&Rs authorize the Board to use fines, liens, and legal action to enforce the CC&Rs. The Compliance Policy and Procedure defines various levels of violations, fines associated with each violation and a flowchart that details: 1. when compliance notices are to be send to owners, 2. when fines are to be imposed, 3. when the violation is to be considered resolved, and 4. when an unresolved violation is moved from the scope of the Compliance

Committee and be referred to the MOA Board of Directors for further action. Typically when an unresolved violation is referred to the MOA Board will impose a lien on the owner’s property in the amount of the fines, dues and expenses outstanding for this property. However, many of the fines imposed at step 2 above are daily fines and they continue to accumulate. Further the MOA will likely encounter addition expenses in the course of resolving the issue. These daily fines and expenses, as well as dues continue to accumulate. This policy sets a dollar cap on the amount of accumulated fines a single property can be accessed for compliance violations and defines when the next legal action should be triggered. Policy: 1) For any MOA property, compliance violation fines shall stop accumulating

once $2000.00 in fines has been accessed. Dues and other expenses, e.g., legal expenses incurred to resolve compliance issues, continue to accumulate.

2) Once the $2000.00 cap has been reached the MOA Board authorizes its legal

representatives to pursue legal action to obtain a money judgement against the property owner to collect all dues, fines and expenses outstanding on the property’s account in an effort to resolve the compliance issue.

3) A money judgment settlement does not in and of itself resolve the compliance

issue. The property remains out of compliance until the issue has been corrected. Therefore, following a money judgement settlement, if the property remains out of compliance, the issue re-enters the Compliance Policy and Procedure flowchart as a Repeat Infraction.

4) This exercise of entering the compliance process, sending notices and

accessing fines, referral to the board for lien, and money judgement may be repeated until the issue is resolved.



Late Fee Policy Approved: October 16, 2000

*Revised on April 18, 2002

**Revised on June 20, 2002

COLLECTION OF ASSESSMENTS; ENFORCEMENT

WHEREAS, the RECITALS of the Amended Declaration of Covenants,

Conditions and Restrictions for Murrayhill ("Declaration") provide as follows:

“Upon recordation of this Declaration, the Property shall be held, transferred,

sold, conveyed and occupied subject to the following covenants, conditions, restrictions,

easements, charges and lien which shall run with the land.”

WHEREAS, Section 3.3.2 of the Declaration states:

“3.3 Duties and Powers of the Association. The Association shall have all

requisite power, duty, and authority to perform its obligations under this Declaration,

including without limitation, the power, duty and authority to enforce the provisions of

this Declaration and to acquire and pay for, out of the common fund provided by

assessments pursuant to Section 4, all goods and services necessary or appropriate for the

proper functioning of the Association in accordance with this Declaration. Without

limiting the generality of the foregoing or the other provisions of this Declaration, the

Association shall have the power, duty and authority, subject to the other provisions of

this Declaration, to undertake the following actions:

* * *

3.3.2 Impose and collect annual and special assessments from the Owners.”


“4.1.1 Authority to Assess. Subject to the requirements set forth in this Section

4, the Association shall have the authority to levy annual assessments (i) to pay all

expenses associated with the Association’s performance of its powers, duties, and

responsibilities under this Declaration; (ii) to pay all property taxes, lighting, insurance,

maintenance, and other expenses incurred with respect to the Public Open Space, the

Other Common Areas, and the Improvements thereon; and (iii) to establish and maintain

Reserves, in each case in such amount as may be deemed appropriate by the Board.”




“4.6.1 Default. Failure by an Owner to pay any assessment, fine or other charge

imposed pursuant to this Declaration shall be a default by such Owner of his obligations

pursuant to the Declaration. In addition to the Association’s other remedies provided in

the Declaration, such default shall entitle the Association to declare the balance of such

Owner’s annual assessment, otherwise being paid in installments, to be immediately due

and payable in full. Interest shall be charged on delinquent assessments, fines or other

charges at such rate as may be set by the Board, from time to time, not to exceed the

lower of: (a) eighteen percent (18%) per annum; or (b) the highest rate permitted by

applicable law. In addition to the interest which may be charged on delinquent

assessments, the Board, at its option, may impose a late charge penalty in respect to any

assessment, installment thereof, not paid within ten (10) days from the due date. Such

penalty may not exceed the sum of five percent (5%) of the delinquent assessment for

Commercial or Multi-Family Lots and fifteen dollars ($15.00) for Single-Family Lots,

but shall be imposed only once each regular or special assessment or installment of such

assessments.”


“4.6.2 Enforcement. In the event any assessment, or any expense due pursuant to

Section 6 or 8, is not paid within 30 days after the date of billing, the Association, in

addition to all other rights and remedies available by law or provided herein, may, upon

15 days prior written notice to the Owner owing such assessment or expense, impose a

lien against such Owner’s Lot in the amount of the assessment or expense, plus collection

costs, including reasonable attorneys’ fees, whether or not suit or action is filed. Any

such lien shall bind and run with the Lot in question until paid in full. The Association

may initiate an action to foreclose any such lien in any manner provided by law.”

WHEREAS, Section 4.7 of the Declaration states:

“4.7 Personal Obligation. Each assessment, fine or charge levied pursuant to

the provisions of this Declaration shall be a separate and personal obligation of the

Owner of the Lot against which the assessment or charge is levied. The sale, transfer, or

conveyance of a Lot shall neither release nor discharge the Owner thereof from such

personal liability, nor shall such a sale, transfer, or conveyance extinguish any lien placed

on such Lot.”


“4.9 Offsets. No offsets against any assessment shall be permitted for any

reason, including, without limitation, any claim that the Association is not properly

discharging its duties.”


“4.10 Attorneys’ Fees. The Association shall be entitled to collect is reasonable

attorneys’ fees and costs incurred in the collection of delinquent assessments, fines and

other charges, whether or not suit or action is filed.”



WHEREAS, from time to time homeowners become delinquent in their payments

of these assessments and fail to respond to the demands from the Board or Manager to

bring their accounts current;

WHEREAS, the Board deems it to be in the best interest of the Association to

adopt a uniform and systematic procedure for dealing with delinquent assessment

accounts in a timely manner and further believes it to be in the best interest of the

Association to refer these accounts promptly to an attorney for collection so as to

minimize the Association's loss of assessment revenue; and

WHEREAS, the Board has established a separate policy for collection of fines

and compliance related matters, and this Resolution shall only apply to collection of dues

assessments;

NOW, THEREFORE,

BE IT RESOLVED, the Board shall designate a member of the Board to act as

liaison (“Board Secretary”) between the Board, the manager, and the Association’s

attorneys. The Board Secretary shall have the authority to make decisions related to

collections, including settlements and compromises on claims; and

BE IT FURTHER RESOLVED the Association's Manager and the Board

Secretary are authorized to contact the Association's attorney to pursue collection and

request advice for the Board of Directors and the Association in other matters which may,

from time to time, be requested by the Board of Directors; and

BE IT FURTHER RESOLVED the Manager, acting on behalf of the Association,

shall be authorized to pay the Association's attorneys their usual and customary charges

for time incurred in connection with their representation of the Association, together with

all costs incurred by the firm, including, but not limited to, fees and charges for filing,

service of process, messenger service, photocopies, postage, facsimiles, long distance

calls, investigator's services, credit reports and title reports, promptly upon receipt of the

monthly invoice; and

BE IT FURTHER RESOLVED pursuant to Section 4.6.1 of the Declaration, there

is hereby levied against any owner who fails to pay any assessment installment by the

30th of the month, a late fee in the amount of $15.00 for Single-Family Lots and up to

five percent (5%) of the delinquent assessment for Commercial or Multi-Family Lots and

interest at the rate of eighteen percent (18%) per annum which the Manager is authorized

and directed to charge to and collect from any delinquent owner; and

BE IT FURTHER RESOLVED there is hereby levied against any owner whose

payment is returned by the bank for insufficient funds or any other reason, a $25.00 per

returned item charge, plus fees and charges imposed by the bank; and

BE IT FURTHER RESOLVED the Manager is directed to send to any owner who

is more than thirty (30) days delinquent in the payment of regular or special assessments,

or other charges authorized by the Association's governing documents (hereinafter



referred to as "Assessments"), a written statement of the delinquent balance. The

Manager is further directed to send a second statement to an owner who is more than

sixty (60) days delinquent in payment of assessments; and

BE IT FURTHER RESOLVED the Manager is directed to forward any account

which is ninety (90) days or more delinquent in assessments to the Association's attorney

for appropriate collection action. The Association's attorney will be requested to send out

appropriate collection letters demanding payment from the owner. If payment is not

received within the time frame outlined in the attorney’s demand letter or other payment

arrangements made, the attorney may file a lien against the delinquent owner's lot. If

payment is not made thereafter, and the account balance is $750.00 or more, the attorney

may file suit for collection or for foreclosure of the lien. The Manager shall assess all

collection expenses, including attorneys' fees, to the delinquent owner's account.

BE IT FURTHER RESOLVED, that once the collection matter has been forward

to the attorney’s office for collection, the MOA Manager shall prepare and update a

spreadsheet recording the status of each collection matter. The spreadsheet shall be sent

to the attorney’s office one (1) week prior to the regularly scheduled Board meeting to be

reviewed and supplemented with additional information on the legal action taken. Once

completed, the spreadsheet shall be sent to the Board Secretary for distribution at the

Board meeting. The spreadsheet shall be marked “confidential.”

BE IT FURTHER RESOLVED the Manager is directed to consult with the

Association's attorney and forward for collection any account where the owner files or is

the subject of a petition for relief in bankruptcy or a lender has commenced any action for

foreclosure of its lien against the lot; and

BE IT FURTHER RESOLVED the following policies shall apply to all

delinquent accounts forwarded to the Association's attorney for collection:

1. All contracts and contacts with delinquent owners shall be handled

through the Association's attorneys. Neither the Manager nor any Association officer or

director shall discuss the collection of the account directly with a owner after it has been

forwarded to the Association's attorneys unless one of the Association's attorneys is

present or has consented to the contract or contact.

2. All sums collected on a delinquent account shall be remitted to the

Association in care of the Association's attorneys until the account has been brought

current.

3. All legal fees and costs incurred in the collection of delinquent account

shall be assessed against the delinquent owner and shall be collectable as an Assessment

whether or not suit or action is filed;

4. To the extent the Association's attorney, in his/her discretion, considers it

to be appropriate in the circumstance, they are authorized to enter into an installment

payment plan with the delinquent owner. Provided, however, any payment plan



providing for aduration in excess of two (2) months, shall require the approval of the

Board Secretary.

5. If, at the expiration period specified in the Association's attorneys' demand

letter, an account remains delinquent and without a payment plan or, in the event of a

default under the terms of the payment plan, the Association's attorneys are authorized to

take such further action as they believe to be in the best interest of the Association,

including, but not limited to:

a. Filing a lien against the delinquent owner's lot;

b. **Filing suit against the delinquent owner for money due * when the account balance is in the amount of $750.00 or

more

c. Filing a proof of claim in bankruptcy;

d. Upon Board approval, instituting a judicial action for foreclosure

of the Association's lien and seeking the appointment of a receiver for the lot;

e. After a judgment is obtained, garnish rent, bank accounts or

paychecks;

f. Hire an investigator to locate a person and/or assets; and

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all

owners at their last known address.

BE IT FURTHER RESOLVED that upon adoption, the Manager shall be required

to follow the procedure set forth herein for collection of assessments. All deviations

from this policy shall require the President’s approval.



Committee Meeting Times Approved: April 18, 2001

Rationale:

MOA committee meeting times have been unchanged for so long that they have become

institutionalized to the point that meeting times are now the major factor in determining

who can serve on these committees. There have been two occasions in the past year

where an owner in good standing has volunteered to work on a MOA committee but

ultimately was not able to serve due to incompatibilities between his schedule and the

committee’s meeting time.

The institutionalization of meeting times is making it difficult for the MOA Board of

Directors to appoint new committee members. To remedy this situation the MOA Board

adopts the following policy that states, “The Committee determines the meeting time,

rather than the Meeting Time determining the committee.”

Policy:

1) The MOA Board of Directors shall appoint new committee members or reappoint

old committee members as the need and opportunity arises. Committee

appointments are the sole responsibility of the MOA Board of Directors as

authorized by the MOA CC&Rs.

2) Within fourteen (14) days of the appointment of a new member the affected

committee, all committee members (new and old members) shall decide the

committee’s meeting time; this decision shall be reached by unanimous

agreement, NOT by majority vote.

3) If the committee cannot reach unanimous agreement on a meeting time, the MOA

Administrator shall provide the MOA Board of Directors with the times each member

is willing to meet and the MOA Board shall determine the committee’s meeting time.



Repair to Common Area Approved: August 16, 2001

If damages to the common area occur as a result of a party’s actions, the MOA has the

authority to make repairs upon discovery to attempt to mitigate the damages. The

Association will bill the responsible party accordingly for the cost of the repairs.



Single-Family Election Guidelines Approved: September 20, 2001

Rationale:

These guidelines are intended accomplish the following:

1. Single-Family Lot Owners are informed prior to appointing a proxy. Specifically,

homeowners should know who the candidates are and how many directors are

being elected.

2. The election process is fair to all the candidates.

Policy:

1. Timeline:

Prior to the end of the year, the Board of Directors shall establish a timeline for

the upcoming annual meeting. This timeline shall include target dates for the

following events (which are defined below):

A. Creation of a Nominating Committee.

B. Mailing date for the Nominating Process Notice.

C. Deadline for accepting nominations by petition or from the Nominating

Committee.

D. Mailing date for Annual Meeting Notice.

E. Recommended Proxy Collection Start Date - Date before which

candidates are discouraged from collecting Proxies.

F. Date, time and location of Annual Meeting.



2. Nominating Process:

A. Nominating Committee:

The MOA’s Bylaws require the Board to form a Nominating Committee for

the purpose of nominating prospective Single-Family Directors. It shall be the

duty of this committee to nominate any Single-Family Lot Owner who:

i) Makes known by direct verbal or written communication to a committee

member his or her desire to be a candidate for the MOA Board of

Directors.

ii) Is in good standing with the MOA; meaning:

MOA Dues are paid and up to date

Fines (if any have been levied) are paid

B. Nomination by Petition:

As required by the MOA Bylaws, Directors may be nominated by a petition

signed by no fewer than twenty-five (25) Single-Family Lot Owners.

3. Nominating Process Notice:

The Board of Directors shall mail a notice to each Single-Family Lot Owner in

the first week of January explaining the following:

A. The number of Single-Family Director positions to be elected at the

up coming annual meeting.

B. A description of the nominating process as set forth in paragraphs 2A and

2B above.

C. The deadline for submitting nominations by petition or by the Nominating

Committee (same date for both).

D. Approximate mailing date of the Annual Meeting Notice that will contain

the names and biographies of the candidates.

E. Recommended Proxy Collection Start Date – the first day Single-Family

Lot Owners should have candidates asking for their proxy.

F. Date, time and location of the Annual Meeting.

4. Annual Meeting Notice:



This notice shall contain the following information:

A. The date, time, and location of the MOA Annual Meeting (as described

previously in the Nominating Process Notice).

B. The Number of Single-Family Directors to be elected and the number of

votes each Single-Family Lot Owner is to cast.

C. The list of candidates together with a brief biography from each candidate.

D. Normally, the notice will be accompanied by a form of Directed Proxy

that allows the Lot Owner the option of directing the owner’s proxy to cast

his/her votes for specific candidates, and for or against specific matters

that are scheduled to come before the Annual Meeting.

5. Recommended Proxy Collection Start Date:

This is the first day on which candidates are encouraged to begin canvassing the

neighborhood for the purpose of collecting proxies. The MOA Board will ask all

candidates to pledge to honor this date and not to begin campaigning prior to this

date. THIS DATE MUST BE AFTER THE ANNUAL MEETING NOTICE HAS

ARRIVED VIA US MAIL AT LOCAL SINGLE-FAMILY LOT OWNERS’

MAIL BOXES.

6. Scope of Policy:

The purpose of these guidelines is to establish procedures that will normally serve

the Association well in promoting fair, orderly Annual Meetings. One important

element of a fair Annual Meeting, and one of the primary purposes for these

guidelines, is insuring that lot owners are adequately informed about all

candidates and issues that are likely to be presented at the Annual Meeting before

owners sign a Proxy Form appointing a proxy to vote on behalf of that owner.

Premature proxy solicitation in the past has led to owner confusion, owners

granting multiple, sometimes conflicting proxies to multiple parties, and to other

procedural and legal problems. The MOA Board of Directors hopes that by

asking Board candidates to pledge not to solicit proxies until the Annual Meeting

notice has been sent to lot owners, MOA can minimize the chance for confusion

and disputes can be minimized. MOA recognizes that it may need to adjust

certain dates or procedures from time to time to accommodate particular

circumstances or schedules. The dates and procedures established in or pursuant

to these guidelines shall not be considered legal requirements, but suggestions that

will normally be implemented in connection with the MOA Annual Meeting.



Landscaping and View Protection Approved: February 27, 2002

Rational:

This policy was prompted by an MOA owner request that the MOA take action to require

a neighboring lot owner trim trees that had grown to the point of blocking an owner’s

view.

Policy:

The MOA Design Guidelines attempt to strike a balance reflecting the value of

preserving older “original” native trees within MOA and the value of scenic views from

MOA homes. The purpose of this policy is to summarize how the Design Guidelines

apply to several commonly occurring situations.

1) The Guidelines call for original native trees to be allowed to grow uncontrolled.

The Guidelines do not require an owner to trim or remove such trees, even if their

growth eventually impairs a neighbor’s view.

2) On the other hand, the Guidelines require an owner to trim, relocate or, if

necessary, remove non-native trees (i.e., any trees that were planted by the owner

or his or her predecessors) if doing so is necessary to preserve a neighbor’s view.

This is true even if the planting of the tree or other plant that is now blocking the

neighbor’s view was approved by MOA as part of the landscape plan.

3) Although the MOA Architectural Review Committee (“ARC”) should attempt to

take views into account when reviewing landscape plans, it cannot be expected to

foresee the precise effect of a plant’s growth over time. ARC approval of a plan

does not relieve an owner from the duty to take the steps outlined in the

Guidelines to avoid interference with a neighbor’s view.

4) Individual lot owners have the ability to enforce these Guidelines, and owners

need not rely upon MOA for enforcement they believe may be necessary. MOA

is not liable for its enforcement or its failure to enforce these or any other

provisions of the MOA constituent documents.



Estoppel Certificate Preparation Approved: December 12, 2002

The MOA will be reimbursed by the owner requesting the certificate, for any costs incurred in the preparation of an estoppel certificate.



Home Occupation Application Policy Approved: February 19, 2004 The provisions of the Home Occupation is to provide recognition of the needs or desires of many people to engage in small-scale business ventures at home. It recognizes that such uses, if not carefully regulated, may be incompatible with the purposes of residential districts. It is the intent of this Policy that these uses be allowed so long as they are not in violation of the terms of this Policy and do not alter the residential character of the neighborhood, infringe upon the right of neighboring residents to the peaceful enjoyment of their neighboring homes, or otherwise, be detrimental to the community at large. This Policy is based upon restrictions provided in Section 6.2 of the Amended Declaration of Covenants, Conditions, and Restrictions for Murrayhill. 1. In order that applications for approval of home-based businesses be reviewed

by the MOA Board, it is necessary that the applicant first receive approval from the City of Beaverton in accordance with their Home Occupation requirements.

2. Board review and approval will be determined based upon the application’s

compliance with Amended Declaration of Covenants, Conditions, and Restrictions for Murrayhill, the Bylaws, and the Association’s other rules and regulations and policies, will include but not be limited to the following criteria:

a. There are to be no employees or volunteers working on the premises in

conjunction with the proposed Home Occupation other than those living on the premises.

b. Parking of client vehicles is restricted to one at a time.

c. No signage of any kind is to be visible at the site.

d. There will be no exterior alteration to the residence.

e. Excluding regular U.S. Postal Service delivery, the home occupation shall

not require more than one (1) trip per day delivery or pick up to the residence between 8:00 a.m. and 6:00 p.m. There shall be no deliveries between 6:00 p.m. and 8:00 a.m.



f. The proposed home occupation shall be operated entirely within the dwelling. No exterior storage of equipment, vehicles or materials shall occur on the premises.

g. The property will continue to be used and maintained as a residence and

will conform to all requirements, including City Codes, as they pertain to residential property.

h. The home occupation, including deliveries from other businesses, shall

not include the use of tractor-trailers, forklifts, or similar heavy equipment.

i. There shall be no noise, vibration, smoke, dust, odors, heat or glare at or beyond the property resulting from the operation of the home occupation.

j. The proposal will not involve storage or distribution of toxic or flammable

materials, spray painting or spray finishing operations, or similar activities that involve toxic or flammable materials which pose a health or safety risk to the residence, its occupants or surrounding properties.

Approval may be revoked at any time for failure to adhere to the conditions of approval either of the Murrayhill Owners’ Association Board or of the City Beaverton.



Landscape Maintenance Approved: October 21, 2004 This policy authorizes the Compliance Committee to order landscape maintenance by MOA Contractors for lost that have a historical record of very poor landscape maintenance. Amount of work to be done shall be limited to $1,000 per issue; the actual amount will be billed to the owner. Landscape maintenance Procedure: 1) A complaint comes to the Compliance Committee (CC) about landscape

maintenance. The CC decides: i) this is indeed a compliance violation, and ii) decides it is a repeat offence (the lot file has documentation showing

previous “like” violations); and iii) decides to invoke the “Landscape maintenance Policy”.

2) The Compliance Committee asks the Board Liaison to approve using MOA resources to resolve the problem. The Board Liaison i) reviews the lot file, views the property and decides “yes” or “no”. ii) “NO” – if the Board Liaison decides “no” the Compliance Committee is

informed the Board Liaison did not approve and the Compliance Committee must either try to change the Board Liaison’s mind or pursue the normal compliance route with letters and fines.

iii) “YES” – if the Board Liaison does approve then the process continues as below.

3) The MOA Administrator sends a letter to the owner stating:

i) the repeat offense (e.g., bad lawn maintenance) has occurred again, ii) The owner has 14 days to correct the problem, iii) If the problem still remains on the 15th day the MOA will have a crew

correct the problem and bill the owner’s MOA account for the expense. 4) The MOA Administrator informs Property management company’s primary

contact (CMI’s Nancy LaVoie) that: i) the Compliance Committee has invoked the “MOA Maintenance

Policy” for Lot # xxx. ii) The Board Liaison had approved, iii) The letter has been sent to the lot owner iv) The dates for the 14 day period are mm/dd/yy – mm/dd+13yy v) The Property Manager should arrange to have the work done should.

the lot owner fails to correct the problem.



5) On the 15th day the Board Liaison inspects the property to determine if the problem has been corrected. If the Board Liaison judges the problem to be resolved the MOA Administrator: i) notifies the Property Manager that the owner has resolved the issue

and the MOA should not do any work on this lot: ii) notifies the Board Liaison the issue has been resolved. iii) Sends the owner a letter acknowledging the issue has been resolved

and the complaint closed. 6) If the Board Liaison Judges the problem to still exist by the 15th day, but

determines that some effort has been made by the owners to correct the problem the MOA Administrator sends a notice to the owner specifying: i) the respects in which the owner’s efforts are deficient; ii) the owners is given 5 days to correct or complete the work; iii) the owner is given an opportunity to met with the Board Liaison to fully

communicate issues from both sides, to ensure the owner understands precisely what is required.

7) If the Board Liaison judges the problem to still exist by the 15th day but no

effort has been made to correct the problem or the 5 day extension discussed in step 6 expires; i) the MOA Administrator notifies the Property Manager to have the work

done; ii) the Property Manager

a) schedules the work, and oversees the activity; b) notifies the MOA Administrator when the work has been performed; c) bills the owner’s MOA account for the work; d) sends the owner notice that the work has been billed to his/her

account. iii) The MOA Administrator upon being notified by the Property Manager

that the work has been preformed: a) records the action taken and billing information in the lot file, b) notifies the Compliance Committee and the Board Liaison the work

was performed and the issue resolved. c) Sends a letter to the owner stating the maintenance was done by

the MOA and the issue is resolved. d) Closes the Complaint.



Replacing Sidewalks and Street Trees Approved: May 19, 2005

Replacing a sidewalk (in the public right of way) or a street tree will not require an ARC application or fee to be submitted. The MOA Design Guidelines do not address sidewalks or streets in regard to replacement. Sidewalks, walkways and driveways are listed on page 11, #10, public sidewalks are not addressed; Street trees are listed on page 23, #15 as being required by the City of Beaverton and the responsibility of the Occupant/Owner to maintain. The MOA CC&R’s article 6.3 states that street trees and sidewalks are to be maintained in good condition by the Occupant/Owner. The City of Beaverton is responsible for enforcement concerning sidewalks and street trees. The City has an established permit process with written guidelines for homeowners to follow. Sidewalks The City of Beaverton as part of the permit process inspects the sidewalk before and after it is repaired or replaced. Street Trees The City of Beaverton as part of the permit process is regulating the tree size, type and location. Inspections are done before and after the removal and replacement of a street tree.