Frequently Asked Questions Regarding the New Rules

The Board of Directors has created this page to answer questions and address concerns about the new rules. We will update this page on a regular basis as additional questions come up. As always, please feel free to contact the Board of Directors via email.

Q: Why does Bella Beach need rules?
A: As a community that has enjoyed rising popularity in the past few years, we have experienced some growing pains. The rules are a response to homeowner concerns about a variety of community and livability issues. They are intended to help set expectations for owners and renters, prevent problems, and provide a framework under which problems can be addressed.

Q: Do the new rules replace the Bella Beach CC&Rs?
A: No, the rules are designed to complement the CC&Rs. All provisions of the CC&Rs are still in effect in addition to the new rules.

Q: Do the new rules conflict with the Bella Beach CC&Rs?
A: No. The Board of Directors retained the services of attorney Brian Green, an expert in Oregon HOA law, to assure that the new rules complement the Bella Beach CC&Rs and abide by applicable Oregon laws. The full CC&Rs are available on the Bella Beach website at: http://www.bellabeach.org/bylaws_ccrs/files/ccrs.html

Q: Are the fines expected to be a source of revenue for the HOA to pay for security or other budget items?
A: No. The Board anticipates very few fines will be levied (hopefully none). The rules and fines have been put in place, primarily, as preventative measures. Our hope is that they set expectations and prevent problems. As a secondary purpose, the rules provide a framework under which problems can be addressed.

Q: Why are fines assessed against homeowners and not renters directly?
A: Unfortunately, the HOA does not have the ability, under Oregon law, to levy fines against renters or to require property management companies to fine renters. The Board of Directors recognizes that this is a somewhat awkward arrangement. We explored a number of ways to work around the restrictions. We were unable to find one that the HOA attorney felt would be within Oregon law and enforceable in court, if that ever became necessary.

Q: Will security services retained by the HOA actively monitor the number of renters in a residence? Number of dogs? Hot tub hours?
A: No. Active monitoring of renters is the responsibility of property management companies. However, if (and only if) there is a problem or complaint, then security services have the right to determine if occupancy rules or other rules have been broken.
As we discovered during the summer of 2006, having visible security is very effective at preventing problems. We anticipate the cases where security is required to investigate or intervene in a situation will be very few and far between.

Q: Did the board make changes to the rules after the October HOA meeting where the rules were discussed?
A: Yes. Some minor adjustments to the rules were necessary to assure that the rules complement the CC&Rs and comply with Oregon law. Also, after the HOA meeting, a review of the CC&Rs revealed that the rental signs rule contradicted the CC&Rs. That rule was changed substantially to comply with the CC&Rs. Those interested in the specific changes can view the October draft on the Bella Beach website at: http://www.bellabeach.org/board_reports/reports/060918_DraftRules.html The final rules are also available on the website at: http://www.bellabeach.org/board_reports/reports/070117_Rules.html.

Q: When to the rules take effect?
A: The rules go into effect on February 17, 2007. Enforcement dates vary by rule and most have a 30-day grace period. At the February 24th Board of Directors meeting, the enforcement date for the Rental Signs rule and the Emergency Contact Information rule were extended to May 1, 2007. Please see the final rules document for specific information.

Q: Are the rules final?
A: Yes. However, the Board of Directors invites feedback from HOA members and will amend the rules as needed to sustain Bella Beach’s high standards of community and livability.

Q: How are rules violations handled?
A: All alleged rule violations will be sent to the Board for review. All homeowners have the right to present their objections about any proposed fine or sanction to the Board.

Q: What process lead to the creation of the new rules?
A: The rules are part of a process the HOA Board of Directors initiated in June of 2006. Throughout the spring and early summer, the HOA Board received feedback from many concerned HOA members regarding a number of livability issues in Bella Beach. In an effort to further understand and respond to these concerns, the Board created a Rules Committee.

In July, the Rules Committee sent a questionnaire to all HOA members soliciting their opinions of what is working and what isn’t working in Bella Beach. We were pleased with a high response rate and a good balance of what members like and don’t like about the current state of Bella Beach. Two themes were clear from the feedback:

1. HOA members are passionate about Bella Beach and universally want to maintain the traditionally high standards of community and livability.
2. Many feel that Bella Beach is starting to slip in one or more areas. They are concerned that our high standards are eroding and are supportive of changes to ensure we are able to maintain and improve Bella Beach.

The Rules Committee reviewed all of the questionnaire responses and created a list of recommendations to address the issues raised. The HOA Board reviewed the recommendations of the Rule Committee and proposed new rules as a first step in addressing the issues.

In October of 2006, a public HOA meeting was held at the Gleneden Beach Community Center to review and discuss the proposed rules with HOA members and property management companies. There was much discussion at the meeting regarding the rules and how we should address certain issues. From that meeting, we listened to what all the owners that were there suggested. We also reviewed letters and emails from HOA members who were not able to attend the meeting.

We then drew up a final draft of the rules. The final draft was accepted by majority vote of the Board on Saturday, January 6, 2007. This took some time to adopt as the Board hired an attorney that specializes in Home Owners Associations law. He made changes where necessary to make sure that the HOA is following all the correct procedures and that the rules are inline with the Bella Beach CC&Rs and Oregon laws regarding HOAs.

The final rules were mailed to all HOA members and posted on the Bella Beach website on January 17, 2007.

The board realizes that installing rules may be an arduous task. But we are listening to you and hope that by adopting these rules, we will all live in a harmonious environment. With the increasing popularity of Bella Beach, we strongly feel that it will now be up to all of us to preserve the beauty we have here. We feel that since eighty percent of the homes are used for rental purposes it is even more important that we establish guidelines and expectations for our property managers, renters and owners.