Minutes WLHO-3-18-25 - WLHO- Westlake Homeowners Association

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Minutes WLHO-3-18-25

MINUTES

 
Minutes of the
2025 Annual Meeting of the
Westlake Homeowners Association
Tuesday, March 18, 2025; 6:30 p.m.
Oak Creek School Library


President Bill Scharwatt called the meeting to order at 6:35 p.m. The other members of the Association’s board of directorsin attendance were Chris Heuer (Secretary), Rolland Royce (Treasurer), and Lev Volod (Website Coordinator). Common Area  Coordinator Tom Berridge was also present. Oswego Lake Watershed CouncilExecutive Director Jack Halsey and Project Coordinator Rio Hybert were also in attendance.

Rolland Royce reported that 68 proxies signed by lot owners were submitted in advance of the meeting. One additional signed proxy was also submitted in advance of the meeting, but there was no name or address accompanying the proxy, and the signatures were not readable. There were12 additional lot owners present in person at the meeting who did not submit a proxy, resulting in 80 lot owners present in person or by proxy.Rolland reported that noticesof the meeting were mailedto lot owners and to the apartments within the time requirements required by the Association’s Declaration of Covenants and Restrictions and Bylaws.

Rollandpresented the minutes of the March 18, 2024, annual meeting. A homeowner noted an omission of comments made at the 2024 annual meeting. Accordingly, the 2024 annual meeting minutes will be supplemented to add the following statement:

A comment from a homeowner noted that there are severaltrees in the common area near the Association’s path that runs from Westfield Court to Edenberry Courtthat are dangerous because they are potentially subject to falling on homes located in that area. Those trees are in addition to three trees that have already fallen on houses located in that area. The homeowner said the board should do more to address those trees.

As so corrected,the minutes of the 2024 annual meetingwere approved without objection.

Bill Scharwatt provided a brief overview of the Association’s operations over the past year, particularly regarding the challenges of cleanup in the Association’s open spaces from damage to treesin the January 2024 storm. A homeowner asked about Bill’sstatus as president of the Association. Several homeowners were unaware that Fritz Gerwe had moved out of the neighborhood last Fall and therefore resigned from the board and his role as president. Bill relayed that he, too,has resignedfrom the board and as president,in part because he plans to sell his home and leave the neighborhood soon. Bill noted that more homeowners are needed to serve on the board and asked for additional volunteers to serve.

Rolland provided a treasurer’s report. Hedescribed the spend-down of Association funds due to extraordinary tree removal and arborist costs following the January 2024 storm. He stated that the board historically obtained a hazardous tree arborist study every five years, but in light of the January 2024 storm and its aftermath, the board commissioned a new arborist study even though it had been only two years since the prior study.Rolland described that the extraordinary costs in 2024 included the arborist study, additional open space management costs, and hazardous tree removal costs of over $43,000.

Comments from the floor requested that the arborist report and similar information be provided to homeowners by email.Rollandstated that the Association has only a relatively small number of homeowner email addresses, including those provided by homeowners at the 2024 annual meeting and those collected through architectural design review committee (ADRC) submissions. Accordingly, he proposed that the board would post those reports on the Association’s website.

Rollandrelated that the Association’s regular landscape maintenance contractor, Buel’s Greenscapes, has notified the board that it has terminated our maintenance contract because Buel’s has decided to focus on the Oregon City area and not provide services in Lake Oswego. A homeowner suggested that the Association check with the apartments to find out which landscape contractor they are using. Another homeowner commented that there needs to be more irrigation and more plantings along Westlake Drive near the entry into Charles Circle. The homeowner said he had sent emails to board members regarding his request, but he has not received a reply or seen any actions taken, despite being told by a board member that the area was "the face of Westlake." Although plantings were made in 2024 after a cleanup of that area, the homeowner believed they were insufficient and that more plantings in that area are needed. Another homeowner noted that more plantingsall along Westlake Drive would improve the appearance of the neighborhood.

Tom Berridge provided a report on the Association’s open spaces. He described the activities undertaken by the Oswego Lake Watershed Council (OLWC) as a contractor.

A homeowner suggested that the Association obtain FEMA grants or grants from the city. Jack Halsey noted that no FEMA grants were available, but the OLWC continues to seek grants from the city of Lake Oswego, the Clackamas Soil and Water Conservation District, and others.

A homeowner commented that the work the Association has done after the January 2024 stock was minimal and wholly inadequate, especially considering the climate change environment. The homeowner was particularly concerned about the danger of fire and potential for trees to fall on houses. Tom responded he has talked with the fire marshal, who recommends a 10-foot buffer from lot lines . Pilesof brush, including those created by homeowners who dump brush and other yard debris from their properties are a recurring problem, but Tom stated that he regularly points outthese matters to homeowners and that he believed currently all piles have been cleaned up. Some homeowners have also dumpedbarbecue grill coals.Tom stated that the fire marshal indicated that taking trees down to the ground is the best way to ensure that they will continue to stay moist and rot. Members of the board noted that that it is an Association goal to get more of the fallen trees onto the ground. Tom discussed how the Association monitors hazardous trees and engages contractors to remove trees that are determined under the arborist’s report to create an elevated risk of falling on homes. Members of the board noted that  it is not possible to eliminate risk of falling trees altogether. Several comments from the floor suggested that the board undertake more pruning of trees (thinning and topping off ends of branches), to reduce the risk that high winds will cause trees to fall.

Tom also described the Association’s efforts to remove invasive species and protect the health of our trees. The city of Lake Oswego recommended we work with the OLWC. Jack Halsey stated that the Association has made, and has committed to continue to make,$5,000 annual payments to OLWC in support the open space rehabilitation efforts. Over the past few years, the Association also made one payment of $10,000 and one payment of $5,600.A homeowner requested that progress reports be prepared and submitted to homeowners. Tom mentioned that the emerald ash borer and the Mediterranean oak borer are pests that will create an increasing threat to the Association’s ashand oak trees. He relayed that the best way to address that issue is to proactively prune the trees to keep them healthy and thus better able to fight off the pests. These actions would be in addition to actions to address invasive species and replanting efforts.

Jack Halsey and Rio Hybert described their ongoing actions in Tract A and their recently expanded efforts into Tract B and Tract C.

Rollanddiscussed the past year’s ADRC approvals of roofs replacement, new paint colors, tree removals, and other matters.

Existing members Chris Heuer and Rolland Royce, along with new member Derek Johanson, were elected without dissent to new two-year terms on the Association’s board. The term of Lev Volod, who was elected for a two-year term at the 2024 annual meeting, will continue.

Chris Heueraddressed the proposal to increase the Association’s annual assessment,including the voting rights of lot owners and the owner of the apartment units. He stated thatthe apartments are not in favor of the increase and, without participation by the apartments, it was necessary to have the vote of 195 homeowners to approve the increase. Given that only 80 homeowners were present at the meeting, there was not a sufficient quorum to put the matter to a vote at the annual meeting.Chris noted that the Association’s governing documents allow for a second meeting to consider a change to the maximum annual assessment to be held within 60 days of an initial meeting and that the board plans to call such a meeting.The quorum requirement is reduced by 50% at the second meeting, such that only 98 homeowners would be needed to approve the increase. Chris noted that the proxies that were circulated and obtained for the 2025 annual meeting are good not only for the annual meeting but also for the follow-on meeting. Accordingly, assuming no proxies are revoked, if the Association can obtain an additional 30 proxies, the dues increase should be approved.

A homeowner asked whether the board considered a special assessment rather than an increase in dues and why the board did not seek an even greater increase the assessment. Chris stated that the board believed a doubling of the maximum assessment seemed most appropriate. He noted that the $46,000 on hand at the end of 2024 and the $48,000 of new dues in 2025 should provide sufficient funds to handle 2025 matters, and the increased dues in 2026 should be sufficient.

There being no further business, the meeting was adjournedat about 8:00 p.m.


 
 
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