Forster Woods
HOMEOWNERS ASSOCIATION
Check out the Community Calendar for updates
Trees/Sidewalks Issues
June 2024 update: The City will not be doing any sidewalk repair or tree replacement for the remainder of 2024 due to lack of funding. They will fund additional work on this project in 2025.
January 7th, 2021:
Great News from the City
Hi Dennis,
As you know from discussions and e-mails with Mark Rigos after the City and the Forster Woods HOA settled the HOA’s lawsuit regarding street trees and sidewalks, the City intended to initiate a city-wide sidewalk repair program. That effort is now underway.
As the City is looking to create a more pedestrian friendly environment City wide, the North Bend City Council has approved funding for a City wide sidewalk repair program in the 2021/2022 bi-annual budget. The program currently has $178,000 budgeted in 2021 and $150,000 budgeted in 2022. City staff has evaluated sidewalks City wide and will start repairs in the Spring of 2021 for the highest priority repair areas.
Forster Woods has a large number of sidewalk areas that will be considered high priority repair areas. City staff will be delineating sidewalk repair areas with spray paint and they will also mark street trees to be removed later this week (weather dependent as we need a dry day). Repairs shall include, but are not limited to traffic control, removal of street trees adjacent to repair areas, stump grinding, and removal and replacement of sidewalk panels. No future street trees shall be allowed in the landscape strips because of the narrowness of the strips.
In an effort to communicate this upcoming work with Forster Woods Residents we are asking you to provide this information to Forster Woods Residents through the HOA. The City shall also reach out via utility billings and social media in the coming month(s).
Future communications shall provide more detailed timing of sidewalk repair work as the City is in the process of getting bids for this work.
If you have any questions/comments please feel free to contact me.
Thank you!
Tom Mohr, PE
Deputy Public Works Director
March 04, 2020
Dear Homeowners:
The HOA board is pleased to finally report and post the signed agreement between the City and our community that states their ownership and responsibility for maintaining our sidewalks and street trees.
Please take the time to view the explanation from the HOA Attorney along with the signed documents here.
5/09/2019
Dear HOA Members:
The board would like the homeowners to know that a lawsuit has been filed against the City of North Bend for the purpose of legally establishing the validity of the Bill of Sale agreement in which the City agreed to be the owner of and responsible for maintenance and care of the sidewalks and trees that line our City streets within the Forster Woods community. The bill of sale agreement document was signed by the Mayor and the City Attorney back in 1994. For years the City did maintenance and repair work regarding the sidewalks and trees and then suddenly claimed the agreement was invalid from inception. This has been an ongoing issue between the HOA who represents the community and the City of North Bend for many years. We are asking a court to look at the documentation and make a legal ruling which will establish that the agreement is valid, and that the City owns and is responsible for such maintenance and repairs. The City now claims our HOA and owners are responsible for fixing the sidewalks and tree issues, which in-turn has left our sidewalks in many cases a walking/riding hazard. This will NOT force the City to start fixing the sidewalks or deal with the trees and their roots because the law does not allow us to force that, but will help protect the HOA in the event someone is injured and sues for damages because with the validity of the agreement being established it will mean the City bears full legal responsibility for any such claims.
We will be posting more information as this moves forward.
5/25/18 Board Update: Claim Form
Dear HOA Members:
Based on your feedback at the last annual meeting, the board has developed the following documents to help address these issues:
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Instructions for contacting the City and Council about trees/sidewalks issues (CLICK HERE): please click the link for detailed instructions and officials' contact information as well as the Council schedule to make the City and Council more aware of the hazardous issues facing our neighborhood.
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Claim form for reporting tree/sidewalk issue (CLICK HERE): please click the link and download a copy of this document, then submit this form as instructed and provide the HOA with a copy. This form can be used to report a hazardous condition and/or incident that may have occurred.
9/27/17 Board Update: Annual Meeting
Dear HOA Members:
On 9/27/17 we held the 2017 Annual Meeting at the Mt. Si Senior Center in North Bend. Official notes will be posted later once they are approved, but the Board wanted to post some of pertinent documentation discussed during the meeting in regards to the mediation session with the City of North Bend in August 2017. As discussed, HOA homeowners are encouraged to contact North Bend City Council members to express their concerns about the trees/sidewalks as well as attend Council meetings.
Mediation Documentation:
8/12/17 Board Update: HOA Mediation Meeting with the City and Annual Meeting Announcement
Dear HOA Members:
This is a quick update from your volunteer HOA board. We have had lots of activity over the past several months including a mediation meeting with the City of North Bend regarding the trees/sidewalks issues. Details from the mediation will be posted on the website shortly in addition to being discussed at the HOA Annual Meeting scheduled for September 27, 2017 at 6pm in the Senior Center. The official invite will be mailed to everyone shortly. Please save the date and spread the word. Thank you!
4/16/17 Board Update: HOA Negotiations with the City of North Bend Regarding the Sidewalks/Trees/Ponds
Dear HOA Members:
Negotiations with the City regarding the sidewalks/trees/ponds are proceeding.
The HOA Counsel (Greg Cromwell) has advised the Board to inform members that “He does not recommend sharing the details of offers and counteroffers in process because of the necessary confidentiality of successful legal negotiations.” However, we can share the general timeline and results of the process thus far and the estimated timeline going forward:
History:
2015: HOA learned for first time that the City of North Bend had changed its position as to who was responsible for maintenance and repairs of sidewalks and trees; before that it was assumed to be the City’s responsibility since it had always made sidewalk repairs and trimmed and cut the trees.
2016: Assumption by the HOA that, because of the years of City maintenance of the ponds, the City was responsible for them.
December 2015 – Major storm event, during which one of the pond walls was breached by a falling tree, and a stream, misdirected by falling debris, flowed into the ponds, all of which resulted in pond containment failures and significant flooding of streets and homes.
Week before the Holidays – Emergency repairs were performed to shore up the pond walls and properly redirect the flows of the incoming and outgoing streams. Cost the HOA $17,000 in emergency repairs!
December 2015 – Present: Floods initiated multiple, ongoing discussions with City Administration and Department Heads regarding crucial, needed repairs on the ponds.
June/July 2016: Engineering surveys of the ponds.
July 8th, 2016: Board Meeting with owners of homes surrounding the ponds regarding the surveys and process as we knew it at the time.
During 2016: Through extensive documentation searches, a recorded contract between the City of North Bend and the developer was discovered proving the City is responsible for the restoration and maintenance of the sidewalks and trees.
During 2016: Ongoing research of documentation occurred regarding the issue of whether the City or the HOA is responsible for the restoration and maintenance of the ponds.
June 2016 – HOA commenced discussions with the City Attorney regarding sidewalks/trees/ponds.
July 19th, 2016: Formal meeting between the HOA Board, Legal Counsel, HOA Management and the City – Mayor, Head of Public Works, City Attorney, etc., to discuss needed maintenance/restoration of the sidewalks/trees/ponds.
July 2016 – Present: City review of engineering surveys of the ponds.
Current Negotiations:
March 14th, 2017: HOA received City offer regarding restoration of sidewalks/trees. Offer not accepted by the Board.)
March 23rd, 2017: Board met with HOA Attorney to draft a Counteroffer to the City regarding
the restoration/maintenance of the sidewalks/trees/ponds.
March 24th – April 17th, 2017: HOA Board worked with Counsel to refine the Counteroffer.
Pending (Week of 4/16/17 -- 4/20/17): Submission of HOA Counteroffer by Greg Cromwell, the HOA Attorney, to the City regarding the sidewalks, trees and ponds.
Predicted Timeline:
May 15th, 2017: Required deadline for City Response to HOA Counteroffer
Options if the City does not accept the Counteroffer:
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Further Negotiations
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If resolution is not possible with negotiations, Mediation with a professional mediator to try to reach agreement.
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If resolution is not possible with negotiations or mediation, Litigation: Case is strong; however, attorney fees will be expensive and the fees are non-recoverable from public entities.
Note: An All Member, Annual Meeting will be scheduled as soon as the HOA Attorney / Board receive a response from the City, and the path forward becomes clear, so that all members can contribute to the important discussion of options for the restoration and maintenance of the sidewalks, trees, and ponds.
Please submit any questions by clicking on the "Contact Us" button above.
Respectfully Yours,
The Forster Woods HOA Board
11/27/16 Board Update:
In the October 17, 2016 letter Greg Cromwell, the HOA Attorney, sent to the City of North Bend's Attorney, a specific request was made for the City "confirm in writing its acceptance of the contract and its obligations and responsibilities for maintaining the sidewalks and street trees no later than November 18, 2016". When this date passed with no response from the City, the HOA Board requested Greg to follow up with the City which he did immediately.
10/28/16 Board Update:
Upon further research through innumerable documents, Greg Cromwell, the HOA Attorney, has determined that the City of North Bend is responsible for the restoration and maintenance of the Forster Woods sidewalks and trees bordering our community streets.
Greg, thus submitted a letter to the City Attorney on October 17th stating the HOA’s position and requesting an urgent resolution of these issues, along with timelines. Mr. Cromwell is currently awaiting the City’s reply. Please click on the link below to view Mr. Cromwell’s letter to the City.
To view the letter, please click here.
7/9/16 Board Update:
Dear Homeowners,
The 5/18/16 letter regarding the uprooted sidewalks and trees has been received by the North Bend City Council members. The Board, Dennis, and the FWHOA Attorney, Greg Cromwell, are actively seeking a face to face meeting with the City to discuss these issues further. The City is checking its calendar to validate availability, so a meeting can be scheduled in the near future. Once the City and the Board have agreed on a meeting time, a new update will be posted on the HOA website informing owners of the next steps in the process to resolve the uprooted trees and damaged sidewalks issues.
These problems are very sensitive issues that affect all members of the HOA. As the Board gets more information, we will update the HOA and provide timely and periodic updates. As a reminder, if you have questions, please reach out to the Board through the FWHOA website, the official communication site. The Forster Woods Facebook page will only be used as a tool to make HOA members aware that updates have been posted to the official site.
Thank you for your patience and understanding.
Respectfully,
The FWHOA Board
5/18/16 Letter Mailed to North Bend City Council:
After careful review by the Board and legal guidance by the FWHOA Attorney, Greg Cromwell, a letter was finalized and mailed to all North Bend City Council members. Please click here to view the letter. The letter formally requests within 30 days a written response from the City as well as a face to face meeting to discuss next steps with the Board, Dennis Howard, and Greg Cromwell.
4/27/16 Board Update:
During the annual 3/31/16 HOA meeting and subsequent Board meeting, HOA members voted to have the HOA attorney, Greg Cromwell, write a letter to the City of North Bend, informing the City of the HOA position that the City is responsible for maintaining planter strip trees and repairing sidewalks. (Please refer to the Minutes of the 3/31 meeting.) The City of
North Bend has taken the position that the abutting lot owner is responsible for everything in the planter strips, including upheaval damage to the surrounding sidewalks caused by tree roots. The HOA and the HOA’s attorney are confident that the City is wrong and that the City of North Bend is responsible for tree maintenance, sidewalks and repairs.
The HOA attorney prepared the first draft of the letter within the promised deadline, the Board added input for a week, and the letter is basically ready to submit. However, Mr. Cromwell wishes to review the Forster Woods Plat, which he believes may contain provisions that confirm the City’s liability, before the letter is finalized and sent to the City. The online version is not readable in detail; therefore, Dennis Howard, the Forster Woods Property Manager, ordered a printed copy, which he just received and has mailed to Greg. The HOA attorney has indicated that he will quickly review it and inform the Board whether the plat contains pertinent information. After Mr. Cromwell’s brief but careful assessment of the plat, the attorney will send the letter to the City of North Bend, and the Board will post the letter to the HOA Website.