JANUARY 22, 2016, KEIZERTIMES, PAGE A9
RING,
continued from Page A1
KPD had its large command
post trailer on site, with Sgt.
Bob Trump running the show.
“Six victims have recovered
property so far,” Trump said in
the afternoon as large items
still fi lled the driveway and
front yard. “They took new
appliances and doors from new
home sites all around Salem-
Keizer.”
Brad Whittenburg was one
of the victims recovering stolen
property on Tuesday.
“My stuff was taken from
a job site here in Keizer,”
Whittenburg said. “They stole
my trailer with all kinds of tools
inside on Sept. 24. It was about
$20,000 worth of stuff.”
Whittenburg’s trailer was
covered by insurance but not all
of the tools were. While a large
amount of his stuff was found,
not everything was accounted
for.
“I fi gured I would never see
the items again,” he said. “I’m
glad to see it, or at least part
of it. I’m angered every day,
whenever I go for a tool and it’s
not there. I’m just glad to see
no one else will lose their stuff.”
Sgt. Darsy Olafson with the
KPD noted four trailers were
found in the backyard of the
house and expected it to take
a couple of days to process the
whole scene.
“Keizer
Public Works
helped us drag out things from
the backyard,” Olafson said.
“This is just the stuff that was
outside. We haven’t gone inside
the house yet.”
Four adults have been
arrested so far, but authorities
are still investigating to see if
more people are involved or if
more items are elsewhere.
“This is defi nitely in the top
few we’ve seen in terms of how
much stuff was taken,” Trump
said. “We’re trying to identify
victims by serial numbers and
markings.”
In addition to the stolen
items, Trump said three pistols
were also recovered. There were
also charges of possession and
delivery of methamphetamine.
Neighbors called police
with complaints. That got the
Community Response Unit –
run by Trump – involved.
“The
neighbors
were
fed up,” Trump said. “These
people were up all day and
night, running ATVs all night.
They weren’t working, so far
as we can tell. It was a real
neighborhood problem. It was
absolutely a livability issue. This
house certainly stands out for
all the bad reasons.”
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LAWSUIT,
continued from Page A1
The Kuhn family moved
to McNary Estates in 2005,
describing LeDoux and his
wife as close friends. Khrizma,
who has numerous disabilities
and depends on her parents
for full-time care, moved into
the home on a full-time basis
in 2010. Among other things,
Khrizma suffers from Down
Syndrome, autism and suffers
from severe bladder and bowel
incontinence. The bowel issues
increased in severity in 2014,
according to the lawsuit fi led
in federal court, requiring
Khrizma to be close to a toilet
at all times.
Since Khrizma also needed
access to a shower in case
of uncontrollable diarrhea
accidents, the Kuhn family
met with doctors last March.
The decision was made for
the family to purchase a
motorhome so that Khrizma
could have the proximity to
both a toilet and shower.
The next month, the
Kuhns submitted a request
for accommodation to the
McNary
Estates
HOA,
seeking permission to park a
motorhome in their driveway.
“We very innocently made
the request,” Gary told the
Keizertimes.
Renee said a thorough
packet was given to the HOA,
including a description of
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Khrizma's medical conditions, a
letter from a doctor and pictures
of RVs they were looking at.
“We lived there for 10 years
and never asked for any help or
exceptions,” Renee said. “This
was the fi rst time we needed
our neighbors.”
At the May McNary Estates
HOA meeting, the topic was
brought up and Kevin Harker,
the HOA's lawyer, sat next to
the Kuhn family. A few days
later he called Renee.
According to Renee, Harker
asked two questions.
“His fi rst question was can
you park (the RV) off-site at a
storage facility,” Renee said. “I
told him this is a daily driver.
She has to go everywhere in
the RV, so it has to be parked
in the driveway. This isn't
some vehicle we only take to
go camping, this is a medical
transport RV. His next question
was about putting a porta-
potty in a van. Many times, just
having a toilet is not enough. I
said we won't be backed into a
corner.”
Harker told the Keizertimes
the HOA board was trying to
accommodate the family.
“I feel the board went out
of its way to resolve this and
to come up with a resolution,”
Harker said. “The board found
a smaller Sprinter van with
a toilet and even looked up
how many RV storage areas
there are nearby. The fi rst time
I talked to the Kuhns, I was
asked to talk about alternatives.
They wouldn't even listen
to it. The second time, I said
let's have a mediator to come
to a resolution. They said no
so I canceled. The third time,
the board said let's submit to
binding arbitration. Whatever
the arbitrator said, both sides
would agree. The board would
have accepted the outcome.
They said no thanks.”
Harker
said
there
“absolutely” could have been a
compromise worked out if the
Kuhns had more dialogue with
the board.
The
Kuhns,
however,
bristled at that notion.
“We did dialogue,” Renee
said. “Kevin conveniently
forgets that conversation. It
was the next week after the
meeting. I just didn't give them
the answers they wanted.”
Gary said the HOA
scheduled mediation and the
family was under no obligation
legally to interact with the
HOA.
“But I did interact,” Renee
said. “We disclosed all of the
needed information. It didn't
matter. I didn't give (Harker) the
answers he wanted. He keeps
saying there was no dialogue,
but we had the dialogue.”
As the process evolved, the
Kuhns learned about the Fair
Housing Act. They also learned
the McNary Estates HOA had
lost the 2011 case for violating
FHA rules. They also discovered
the Fountains HOA had been
violating its own bylaws and
state laws for 10 years. Gary said
he brought up the topic with
LeDoux while at the mailbox
area last May.
According to the lawsuit,
LeDoux pushed Gary twice,
clinched his fi st and said he
wanted to punch Gary in the
nose before saying, “Don't talk
to me and I don't want to talk
to your wife, either.”
The incident happened
shortly after the Kuhns made
the medical waiver request, plus
right after the questions arose
about the legality of the board
LeDoux was president of.
“He shoved me twice,” Gary
said. “I didn't react.”
Renee said it was surprising
their “dear friend” reacted like
that.
“It was just a nightmare,” she
said.
In July, the Kuhns bought
their RV. In accordance to
a letter from the FHA, they
parked it in the driveway, even
though they had concerns
about how neighbors would
react.
Harker said there was
sympathy towards the family's
plight, but said there was no
legal standing.
“There's no connection
between the RV and being
allowed to use it at the
dwelling,” Harker said. “I get
that there's a need, but it doesn't
fall under the criteria of the
Fair Housing Act.”
Dennis
Steinman,
the
attorney representing the Kuhn
family, has a different take.
“It was discouraging to know
the HOA was not learning
from its prior experience from
the (2011) case and did not
take the Fair Housing Act issues
crossword
more seriously,” Steinman said.
“The advice from Mr. Harker
was not appropriate or legally
accurate. His arguments are
simply not supported by the
law. I was disappointed.”
According to the lawsuit,
in August Girod and LeDoux
sent a letter to Fountain Court
Drive homeowners that the
McNary Estates HOA had
not voted to allow the medical
waiver exemption and was
taking appropriate action to
defend the provisions of the
HOA's Covenants, Conditions
and Restrictions (CC&R).
The letter also stated the HOA
would be offering binding
arbitration and if the Kuhns
didn't accept the offer, action
should be fi led in court to
require compliance with the
CC&Rs.
The Kuhns said the
following week Kathie Stevens,
the former Fountains HOA
president who lived across the
street from them, had begun
sitting in her open garage,
monitoring the family's actions.
“She had a chair and a
notepad and did it for days,”
Gary said. “She was trying to
log our behavior.”
Shortly after, the Kuhn
family decided to sell their
home. They eventually found
a home in Woodburn, but had
to live in a hotel for a month
in between, putting a large
stress on the entire family – but
especially Khrizma.
“It's been a whirlwind,”
Renee said. “It's hard to meet
Khrizma's needs, even in a
home environment. It was very
diffi cult for 30 days to not have
a home base.”
The family had to sell a car,
meaning the RV is Renee's
daily driver while Gary still
has his car to drive to work
at Chemeketa Community
College.
Renee said their new HOA
in Woodburn is completely
different.
“You go 15 miles down the
road and it's a totally different
thing,” Renee said. “We're so
thankful to be here. It's proof
what we were fi ghting for (in
Keizer) could happen. People
can run boards fairly. Those
people (in McNary Estates
HOA) have problems. It was
never our goal to do any of
this.”