HOA FAQS

HOA FAQ 2021-02-09T12:52:53-07:00

Mountain Park is dedicated to providing resources that promote a better understanding of life in a homeowners association. If you still can’t find what you need below just call the association office at 503-635-3561 or email your questions to service@mtparkhoa.com. We’ll be glad to help.

How can I report a fallen tree or other issue on Common Property? 2021-02-11T17:47:41-07:00

Please submit a Common Property Work Request (CPWR) by clicking HERE.

Will the Mountain Park Landscape Stewards clean up leaves or branches on my property? 2020-12-30T11:55:13-07:00

No, the Landscape Stewards are prohibited from working on private property. They will, of course, clean up debris on Mt Park’s property, even if it originated from neighboring private property.

Who is responsible for the street debris and maintenance in Mountain Park? 2020-12-30T11:54:20-07:00

The City of Lake Oswego is responsible for all public streets and info on street maintenance can be found HERE. Private streets are maintained by the condo or townhome association and not Mountain Park HOA.

Are homeowners or private landscapers permitted to blow debris into the street or onto other properties? 2020-12-30T11:53:15-07:00

No. Blowing leaves or yard debris into the street, neighboring properties or Common Property is prohibited and proper disposal of yard debris is required.

A neighboring tree fell on my home or property. Who is responsible and what should I do? 2020-12-30T11:52:29-07:00

Contact your homeowner’s insurance immediately and take photos of the damage. The insurance company will assess any liability.

Am I responsible for cleaning up leaves, branches, or debris on my property even if they originated from a neighboring property or Common Property? 2020-12-30T11:51:20-07:00

Yes. Regardless of where the debris came from, homeowners are responsible for cleaning up yard debris on their property. We encourage homeowners to be neighborly and understanding in these situations.

Who is responsible for shrubbery and vegetation other than trees that grow into sidewalks or streets? 2018-09-25T19:36:58-07:00

The property owners adjacent to the sidewalk or street is responsible for maintaining plants to keep them from encroaching into street and sidewalks to create an obstruction or limit visibility.

Property either can be private property or Common Property. To determine property boundaries please see Where is my property line?

If private property is adjacent to sidewalks or streets the private property owner is responsible for maintenance.

If the property adjacent to streets is Common Property the Landscape Stewardship Department is responsible for maintenance. Please fill out a Common Property Work Request form and get in touch with the Landscape Stewardship Department.

Some Common Property is maintained by the adjacent property owners under Legacy landscaping. In situation like this the adjacent property owner is responsible for maintenance.

What can I do if a Common Property tree near the property line is blocking my view or drops debris in my yard or has dangerous limbs that may fall onto my property? 2021-02-11T17:46:10-07:00

Private property trees are dropping just as much debris on Common Property as Common Property Trees on private property. The Landscape Stewardship Department will clean up Common Property. Private property owners are responsible for cleaning up private property. If you are concerned about dangerous limbs, please get in touch with the Landscape Stewardship Department.

What can I do if a neighbor’s tree near the property line is blocking my view or drops debris in my yard or has dangerous limbs that may fall onto my property? 2018-09-25T18:29:39-07:00

The Landscape Stewardship Department doesn’t mediate such disputes. These are matters that must be resolved between the affected parties. You may need the support and assistance of a qualified consulting arborist to resolve such disputes.

What if the tree roots are causing serious and expensive damage to a trail or sidewalk? Will MPHOA then remove and replace the tree, or give me a permit to do so? 2018-09-25T18:26:58-07:00

Damage to trails or sidewalks are not normally considered justification for removing otherwise healthy and safe trees. Please get in touch with the Landscape Stewardship Department for evaluation.

Do I need a permit to prune or remove a tree that is on Common Property in between the easement and private property? 2018-09-25T18:25:45-07:00

Please get in touch with the Landscape Stewardship Department for evaluation.

Who is paying for tree removal on Common Property? 2018-09-25T18:24:11-07:00

Trees on Common Property will be considered for REMOVAL for the following reasons ONLY:
•             The tree is dead and poses high risk of failure.
•             The tree is diseased or in declining health.
•             The tree is invasive.

If a hazard tree is on Common Property = HOA pays

If a hazard tree trunk is on Common Property and branches over private property = HOA pays

If the hazard tree fully or partially on private property = Owner/Requestor pays

Nuisance tree fully or partially on Common Property = Requestor pays

These requests will be taken to the Common Property Committee for further discussion. For more information please take a look at the Tree Removal Guidelines on the “Landscape Stewardship” page.

Hazard or nuisance tree? 2018-09-25T18:20:48-07:00

If there is a question about a tree being a hazard or a nuisance, please contact the Landscape Stewardship Department. If there is a disagreement between the Requestor and the Department, an ISA Tree Risk Assessor Qualified Arborist will do a risk assessment and evaluation.

Do I need a permit to remove a tree on Common Property? 2018-09-25T18:19:44-07:00

Tree removal is NOT allowed on Common Property by residents or contractors hired by residents without approval by the Landscape Stewardship Department.

If you believe a tree needs to be removed from Common Property, please fill out a Common Property Work Request and get in touch with the Landscape Stewardship Department. These requests will be taken to the Common Property Committee for further discussion.

Do I need a permit to remove a tree on private property? 2018-09-25T18:35:25-07:00

Yes, a permit is required to remove a tree with a trunk that is 6 inches in diameter at breast height (DBH) or greater. You need to apply for permit at the City of Lake Oswego: https://www.ci.oswego.or.us/trees

Who is paying for tree pruning on Common Property? 2018-09-25T18:17:25-07:00

Maintenance Pruning:
If the whole tree is on Common Property = HOA pays
Trunk on Common Property branches over private property = Cost sharing

Solar/Vista Pruning:
If the whole tree is on Common Property = Requestor pays
Trunk on Common Property branches over private property = Requestor pays

These requests will be taken to the Common Property Committee for further discussion.
For more information please take a look at the Tree Pruning Guidelines on MPHOA’s website on the “Documents” page.

The view from my property is being obstructed by vegetation. Can I prune a tree on Common Property that is causing an obstruction of my view? 2018-09-25T18:37:03-07:00

MPHOA does not guarantee the preservation of an EXISTING or PREVIOUS view. MPHOA does not permit the establishment of a view where none existed at the time of house purchase by the Requestor. These requests will be taken to the Common Property Committee for further discussion.

Do I need a permit to prune a tree on Common Property? 2018-09-25T18:01:14-07:00

Pruning is NOT allowed on Common Property by residents or contractors hired by residents without approval by the Landscape Stewardship Department.

If you believe a tree needs pruning on Common Property, please fill out a Common Property Work Request and get in touch with the Landscape Stewardship Department. These requests will be taken to the Common Property Committee for further discussion.

Do I need a permit to prune a tree on private property? 2018-09-25T18:00:02-07:00

Normal pruning and maintenance does not require a permit. Normal pruning consists of no more than the removal of 15% of the live crown. Topping, removing 50% or more of the tree (crown, trunk or root), or damaging a tree resulting in its death are all considered removal and can be subject to enforcement action.

 

Who do I notify if a tree, large branch has fallen on common property or is obstructing trail? 2018-09-25T18:38:09-07:00

Send an email to the Mountain Park Landscape Stewardship Department: landscapestewardship@mtparkhoa.com

Who do I call if a tree/large branch has fallen or is obstructing the street or sidewalk? 2018-09-25T17:58:05-07:00

Call the City of Lake Oswego Public Works at 503-635-0280

 

Where is my property line? 2018-09-25T17:54:53-07:00

Option 1: Call the Clubhouse and ask for the CC&R Manager: (503) 635 3561

Option 2. Email the Landscape Stewardship Department:  landscapestewardship@mtparkhoa.com

How do I know if the tree in front or behind my house is my tree or belongs to MPHOA? 2018-12-03T19:56:46-07:00

It is a MPHOA tree if the tree is located on Common Property. To verify the boundary between private and Common property, please see: Where is my property line?  

 

How old do you need to be to use the Clubhouse? 2017-12-29T19:18:13-07:00

For reasons related to safety, the following age categories will be used:

Ages 0-9: Supervision by a responsible person is required at all times.  “Responsible person” means that the person is able, in his or her reasonable judgment, to ensure that the person being supervised is kept safe while in the Clubhouse.

Ages 10-13: Use of Pools (when Lifeguards are present), Fitness Studios/Group X Classes, Sports Court, Game Room, Locker Rooms, Tennis Courts, and Common Areas of the Clubhouse.

Age 14 and up: Use of Pool (when Lifeguards are not present), Hot Tub, Steam Room/Sauna, and Weight/Cardio Room(s) requires supervision by a responsible person.

How old do you need to be to work out in weight room? 2017-12-29T19:18:10-07:00

Per manufacturer’s guidelines no one under 14 is allowed to use the equipment.

How do I go about using the tennis courts? 2017-12-29T19:18:06-07:00

Tennis courts can be reserved between Spring and Fall during Daylight Savings Time. To reserve a court, call or stop by the front desk to reserve your date and time.  On the day of your reservation, check in at the front desk to get gate code and pay for any guests accompanying playing with you.

I’m not a member, can I still sign my kids up for programs? 2017-12-29T19:18:02-07:00

Yes, youth programs are available to non-members, we have member rate and a non- member rate.

Do I need to sign-up for the Group X classes? 2017-12-29T19:17:58-07:00

No, classes are first come first serve so just arrive a few minutes prior to the class.

Do I need to pay for the fitness classes? 2017-12-29T19:17:52-07:00

No, we offer between 30-40 free fitness classes a week to our members. We often offer “specialty” classes which are an additional charge and not a part of our regular Group X Schedule.

I’ve never worked out in a gym before, can someone show me how to use the equipment? 2017-12-29T19:17:48-07:00

Yes, we offer a free fitness orientation to new members. You just need to sign up at the front desk.

I don’t live in the Mountain Park neighborhood, can I use the facility? 2017-12-29T19:17:44-07:00

Yes, you would need to purchase a Patron Membership. They are sold as Individual, Couple, and Family Memberships.

We have a nanny or in-laws who sometimes watch our children, can they have access to the facility? 2017-12-29T19:17:40-07:00

A Care-Giver pass would allow them to come in with the kids but they can only come in with those they are caring for. Caregivers are not allowed to bring in guests.

Up to what age can my children stay on my account? 2021-02-11T17:49:07-07:00

Children who live in the household need to provide proof of address after the age of 18.

I sublease one of the rooms in my house; does my renter qualify for a membership? 2017-12-29T19:17:29-07:00

If you as the Homeowner send in a Transfer of Rights signing your rights of use over to the renter they can use the Clubhouse but you will no longer be able to. If you want to retain your rights of usage to the facility, your renter can purchase a Patron Membership.

What are the hours of the Clubhouse? 2017-12-29T19:17:15-07:00

Monday – Thursday: 5:30am-9:00pm
Fridays: 5:30am-7:00pm
Saturdays: 8am-6:00pm
Sundays: 10am-6:00pm

What happens if I don’t pay my assessment? 2018-01-08T20:26:05-07:00

The maintenance and management services required to sustain the Mountain Park community depend on timely receipt of assessments due from each homeowner. Payments received after the due date on the bill are late and a $50.00 late fee is assessed. The CC&R’s provide the authority for the Mountain Park Home Owners Association to charge late fees and turn over your account to our collection attorney who will place a lien on your property or may proceed with foreclosure proceedings for nonpayment of assessments. Learn more about your payment options so that you won’t receive a late fee.

What are the assessment payment options? 2021-02-11T17:42:43-07:00

Mountain Park offers three different options to pay your assessments.

CHECK PAYMENTS

  • Semi-annual bills can be paid with a check made payable to Mountain Park HOA.
  • Please include the remittance coupon and write the account number (located on bill) in the memo line.
  • Checks must be received by the due date printed on the assessment statement in order to avoid a $50 late fee.
  • Please do not bring your assessment payment check to the Clubhouse.
  • Mail checks to:
    Mt. Park Home Owners Association
    c/o Mt. Park Home Owners Association
    PO BOX 98156
    Phoenix, AZ 85038-0156

ONLINE PAYMENT WITH CREDIT CARD
Starting January 1, 2021, online payments can be made through the Mountain Park HOA portal.

Where can our guests smoke? 2017-11-22T20:40:43-07:00

Smoking is not allowed on Mt. Park premises. For smoking, please go to the city streets off Mt. Park grounds.

I just moved into the neighborhood, how do I get access to the Clubhouse? 2018-05-20T22:24:00-07:00
OWNER – First thing is to come to the clubhouse and fill out a Homeowner Registration form to be added to our system. Please bring with you your valid ID.

TENANT – If you are renting your home, come into the clubhouse and fill out a Renter Registration form. Please bring with you a copy of your lease agreement and a valid ID.

Once the proper forms are filled out, and we have a copy of your ID, we will take your photo and issue your Clubcard for access to the clubhouse.
I’m renting from a private owner (condo, house, townhous), how do I get access to the Clubhouse? 2017-12-29T19:09:04-07:00

You will need to fill out a renter registration form, change your ID over to the MT. Park address and have your landlord fill out and send in a Transfer of Rights form allowing you access to the facility.

Why wasn’t my yard debris bin picked up? 2021-02-11T17:45:05-07:00

If your yard waste bin has not been emptied by Republic Services on your regular service day,
please get in touch with the Landscape Stewardship Department at yarddebris@mtparkhoa.com.

As the yard waste account holder with Republic Services, MPHOA needs to notify them about a missed pick up.

Is there a place I can store my recreational vehicle? 2021-01-07T12:15:40-07:00

Mountain Park rents spaces in the recreational vehicle (RV) lot to members for the storage of their motor homes, RV’s, cars, boats, trailers, and trucks, etc. The RV lot is a secure area with a locked gate. If you are a member of Mountain Park, please contact CC&R Director at 503-635-3561 for information on renting a space.

What can I put in my yard debris bin? 2021-02-11T17:45:16-07:00

Bin(s) must only contain grass clippings, leaves, small twigs/branches, and brush. No bags of any type may be placed in the bins.

What is the yard debris service schedule? 2021-02-11T17:45:43-07:00

Yard Debris Bin(s) will be serviced on the regularly scheduled garbage day by Republic Services at no charge to the owners (the charge will be billed to MPHOA).

How do I request a yard debris bin? 2021-02-11T17:45:58-07:00

MPHOA pays for and provides up to three green bins per single-family home that are picked up by Republic Services. Additional bins are available to homeowners by request from Republic Services. The homeowner is responsible for the additional fees incurred.

MPHOA does not pick-up paper yard debris bags placed curbside. Any bags left curbside will be picked up by Republic Services and the homeowner will be charged accordingly.

What are ordinances? 2017-11-21T22:59:16-07:00

An Ordinance is an individual or set of laws adopted by local government at the county and city level.

What is a common area? 2017-11-21T22:59:26-07:00

Any area of improved real property intended for shared use by the members of an association.

What is a Notice of Noncompliance? 2017-11-21T22:50:40-07:00

Similar in essence to a lien, the Notice of Noncompliance is a document sometimes authorized under the CC&Rs and may be recorded in the county property records. It’s essential purpose is to notify prospective buyers that the property is in violation of the documents.

What is an easement? 2017-11-21T22:51:00-07:00

An interest or a right in real property which grants the ability to a landowner to use the land of another for a special purpose or endeavor. An association may for example have an easement for slope maintenance or other repair purposes. A public utility may also have an easement for maintenance or repair work to be executed at a future date.

What is the Declaration? 2017-11-21T22:51:15-07:00

The Declaration is sometimes referred to as the ‘master deed,’ ‘documents,’ or ‘declaration of covenants, conditions, and restrictions’ [CC&Rs]. It describes an owner’s responsibilities to the association which can include payment of dues and assessments as well as the association’s various duties to the owners. It is common viewed as somewhat of a ‘constitution’ of the association. The person or group of persons who either signs the original declaration governing the development and association or acquires the original developer’s rights is referred to as the ‘Declarant.’

What is a lien? 2017-11-21T22:52:30-07:00

A monetary claim levied against a property for unpaid mortgage, taxes, contractor work, or other charges. A lien is attached to the property, not the owner, but legally must be recorded in the property records of the county of residence. If a Lien is in place, the property owner has very limited ability to do anything involving the property until the Lien is satisfied or removed.

What are governing documents? 2017-11-21T22:48:42-07:00

The declaration, bylaws, operating rules, articles of incorporation or any other documents which govern the normal operating procedures of an association.

What are bylaws? 2017-11-21T22:51:30-07:00

A set of rules or guidelines regarding the operation of a non-profit corporation such as a Board. Bylaws generally set forth definitions of offices and committees involved with the Board of Directors. They can include voting rights, meetings, notices, and other areas involved with the successful operation of the Association.

What are CC&R’S? 2017-11-21T22:43:07-07:00

The term CC&R refers to ‘Covenants, Conditions & Restrictions.’ A real covenant is a legal obligation imposed in a deed by the seller of a home and or property upon the buyer of the real estate to do or not to do something. Such restrictions frequently ‘run with the land’ and are enforceable on future buyers of the property. Examples might be to maintain a property in a reasonable state of repair, to preserve a sight-line for a neighboring property, not to run a business from a residence, or not to build on certain parts of the property. Many covenants are very simple and are meant only to protect a neighborhood from homeowners destroying trees or historic things or otherwise directly harming property values. Some can be more specific and strict, outlining everything a homeowner can do to the exterior of their home, including the number of non-familial tenants one may have, acceptable colors to re-paint the home, exactly when holiday decorations are allowed up, automobile placement or repair on property, satellite placement, etc.

Is CAI a national organization or are they local to my area? 2017-11-21T22:56:20-07:00

CAI is in fact a national organization with many local and state chapters. To contact the CAI offices in your state, check your local phone book listings or the internet to locate the office that corresponds to your region.

What is CAI? 2017-11-21T22:56:33-07:00

Founded in 1973, CAI stands for ‘Community Associations Institute.’ CAI was formed to deal with problems involving association management. It was an educational organization then, but CAI made substantial changes in 1992 to its structure and became a business trade group primarily to lobby state legislatures. In 2005, CAI dropped its membership category for HOAs since, presumably, HOAs were consumers, users of CAI services and don’t belong in a tax benefited group whose aim is to support the business interests of its members.

How do I contact my board of directors? 2017-11-21T22:57:03-07:00

Go to the Board of Directors page, found here. The Directors are listed, plus contact information will be here.

What is a board of directors? 2017-11-21T22:57:23-07:00

In relation to an HOA, Community or other formal organization, a director is an officer charged with the conduct and management of its affairs. The directors collectively are referred to as a board of directors, and are generally elected or appointed. Sometimes the board will appoint one of its members to be the chair, making this person the President of the Board of Directors or Chairman.

What is a recuse? 2017-11-21T22:57:32-07:00

The act of initiating a Recuse involves the temporary removal of an association member or board member, or the act of disallowing his or her participation in a particular vote or proceeding.

What is a quorum? 2017-11-21T22:57:50-07:00

A Quorum is defined as the minimum number of owners required to hold an official meeting of the association. The number of owners required can vary greatly according to the corresponding association’s governing documents.

 

What is a proxy? 2017-11-21T22:58:01-07:00

An individual appointed to act or vote on behalf of another person by representing them at a meeting of the association. The title can also refer to the written piece of paper granting that power.

 

What is association management? 2017-11-21T22:58:10-07:00

Association management is a distinct field of management because of the unique environment of associations. Associations are unique in that the ‘owners’ are dues-paying members. Members also govern their association through an elected board or other governing body, along with association committees, commissions, task forces, councils and other units. Typically, the board selects, retains and evaluates a chief executive officer or an executive director who is responsible for the day-to-day management of the association and paid staff. Managers within the association environment are responsible for many of the same tasks that are found in other organizational contexts. These include human resource management, financial management, meeting management, IT management, and project management. Other aspects of management are unique for association managers. These include: membership recruitment and retention; tax-exempt accounting and financial management; development of non-dues revenue and fundraising. Association managers must also be familiar with laws and regulations that pertain only to associations. To attain the knowledge needed to effectively operate in association management, its practitioners may choose to pursue the Certified Association Executive designation.

What is a homeowners association (HOA)? 2017-12-29T17:59:00-07:00

A Homeowners’ Association (HOA) is a legal entity created by a real estate developer for the purpose of developing, managing and selling a community of homes. It is given the authority to enforce the covenants, conditions & restrictions (CC&Rs) and to manage the common amenities of the development. It allows a developer to end their responsibility over the community, typically by transferring ownership of the association to the homeowners after selling. Generally accepted as a voluntary association of homeowners gathered together to protect their property values and to improve the neighborhood, a large percentage of U.S neighborhoods where free standing homes exist have an HOA. Most homeowners’ associations are non profit organizations and are subject to state statutes that govern non-profit corporations and homeowners’ associations.

Are dues different than assessments? 2017-12-29T17:57:17-07:00

Association dues and association assessments are terms that are often used interchangeably. Dues/assessments are collected for the upkeep of Mountain Park HOA. Mountain Park bills its assessments semi-annually (see How can I Pay My Assessment).

How is the amount of my assessment determined? 2019-02-06T21:26:04-07:00

As provided in the CC&R’s, an annual assessment is levied against each living unit in the association. Funds collected pay for improvement and maintenance of common property and facilities, operational expenses, and debt service. The annual assessment is billed semi-annually.

The amount of annual assessment is set each year by the board of directors as part of the budgeting process. It may not exceed the Maximum Annual Assessment, which is a limit set by members of the association. As a result of a resolution approved by the members in 2008, the Maximum Annual Assessment automatically increases each year in January based on the Consumer Price Index. However, automatic increases are limited to 5% per year.

The members of the association also have the authority to pass a special, one-time assessment to pay for capital improvements.

Not all members pay the same amount. For purposes of determining the assessment for individual units, the CC&R’s divide living units into three groups:

  • Detached single family dwellings: These are always charged 100% of any assessment, annual or special.
  • Attached dwelling unit in a complex of single level in height: This group includes townhomes, duplexes and condominiums that are in a complex that is only one level in height, meaning there is no unit above or below a single living unit. Units in this group that are part of a development that provides them additional amenities may be charged less than the single family rate. The board sets the ratio for each unit based the additional amenities. The ratio does not change from year to year and it applies to both annual and special assessments. Under no circumstances may these units be charged less than 80% of the detached single family rate.
  • Attached dwelling unit in a complex of more than one level in height: This group includes apartments as well as condominiums and fourplex type units that are in a complex that is more than one living unit in height. This group is charged no more than 50% of the single family rate for annual and special assessments.
What is an assessment? 2018-01-08T20:19:32-07:00

Homeowner associations can compel homeowners to pay a share of common expenses, usually per-unit or based on unit type. These expenses generally arise from common property, which varies dramatically depending on the type of association. Mountain Park Home Owners Association provides maintenance of the association’s Common Property, including walking trails, park amenities, as well as our Clubhouse with two pools, fitness, recreation, and social activities.