F.A.Q.

The Management Trust – NW after Hours HOA Emergency Number:

(503) 670-8111 ext. 4

Portland Police (Non-Emergency):

(503) 823-3333

What is the Matthew Frank Homeowners Association?

The developers of The Matthew Frank Condominiums were required to set up a non-profit corporation, Matthew Frank Homeowners Association, to conduct the business of the association, to take care of the common and limited common areas within Matthew Frank and to govern certain activities within the development, such as the finances of the Association, enforcing the Bylaws and ARC guidelines. Matthew Frank Homeowners Association is subject to the following documents, which control the Association:

The Association is further governed by parts of two sections of the Oregon Revised Statutes (ORS), ORS 94 (the Planned Community Act) and ORS 65 (the Non-Profit Corporation Act).

These laws can be accessed at http://www.leg.state.or.us/ors/ors_info.html

What are CC&R’s?

The Declaration of Covenants, Conditions, and Restrictions (CC&R’s) are the governing documents of the Matthew Frank Homeowners Association. The Declaration was filed by the developer of Matthew Frank when Matthew Frank was begun. This document gives the association its power and authority and is recorded against each unit. When you purchased your Unit, you agreed to be bound by the CC&R’s and their provisions. It is the guideline that all operations of the community follow.

Among other things, the CC&R’s provide for architectural control of exterior or structural interior changes to your unit, such as landscaping or structural interior remodeling. It’s extremely important that you read your CC&R’s. In order to assure the continued quality of your community, the Architectural Review Committee will process requests for changes. The form for submitting a project for Architectural Review can be downloaded from our website here.

What are Bylaws?

While the CC&R’s bestow the authority of the Homeowners Association, the Bylaws detail how that authority is to be administered. In this document there are more specific guidelines regarding day-to-day operation and management of the Association, including the duties of the individual Board officers, the frequency of meetings and notification for them, how assessments must be calculated, when late fees take effect, etc.

Why do I have to pay assessments?

In order for your community to operate, it needs funding. Your CC&R’s provide for the homeowners in the community to be members of the association and thus pay assessments in accordance with the budget. Your assessment represents your fair share of the expenses for the operation of the Association. They are an obligation that you agree to fulfill when you purchase a home in an association and as such, are not negotiable. Assessments are invoiced on a monthly basis.

Who sets the Budget for the Association?

The Board of Directors establishes the operating budget and reserve requirements. The Finance Committee studies the expenses for the past years, anticipated increases in costs, reserve studies, as well as planned expenditures for the coming year, and makes a recommendation to the Board based on the best information available.

What are violations?

Violations are essentially non-compliance with the governing documents. They might include architectural violations like making an interior structural change without approval, or planting in the common areas. Your documents will detail what you may or may not do with regard to each of these situations, as well as many others. And in the case of any changes to your home (like tearing down an interior wall), you must have prior approval before beginning any work; otherwise, the association may require that you reverse the change at your own expense.

What is the ARC (Architectural Review Committee)?

The ARC reviews and approves all external and interior structural improvements on a unit. The ARC Change Request form can be found here.

What is the role of the Board of Directors and how are they elected?

The Board of Directors acts on behalf of the unit owners as outlined in the CC&R’s and Bylaws. In the performance of their duties, the officers and members of the Board exercise a fiduciary duty to use the best business judgment in their decisions and actions.

The Matthew Frank Board consists of five (5) people elected by the members (owners) of the Association and serves a two year term.

Can I attend Board of Directors meetings?

Yes, as an owner you have a right to attend meetings of the Board. The Board provides time for a Residents Forum at each of its meetings, for owners to make comments or bring concerns to the Board. The Board then conducts the business of the Association and develops policies at the Board meetings. Residents may observe this portion of the Board meetings, but may not participate in the deliberations.

Is it important for me to attend the Annual Meeting?

Yes. The Annual Meeting is one of the most important events held by your Association each year. While the main business of the Annual Meeting is the election of new Board Members, it is also an opportunity to receive information from the Board regarding board actions of the previous year and to learn of plans for the coming year. Annual Meetings require a quorum of members, in order for the meeting to be declared a valid meeting where the election can be held. The quorum requirement for the Annual Meeting is 40% or more of the outstanding votes, in presence or by proxy with one vote for each unit of the association.  If a meeting is adjourned because quorum is not met, the quorum is then reduced to 25% for the subsequent meeting.

What if I cannot be present for the Annual Meeting?

The Annual Meeting notice includes a proxy form, so that you can designate someone else to be present for you, or you may designate your proxy for the purpose of forming a quorum only. A properly executed Proxy allows you to be counted as present for the meeting and toward the formation of a quorum, when you are not able to attend.