Case No. 25SC12868 – July 21, 2025
This document, submitted under oath by Defendants Stephen and Michelle Short, outlines the legal and ethical foundation of their challenge to SHOA’s Resolution 5. The filing argues that the resolution is invalid, unlawfully enforced, and misrepresented to a third-party debt collector.
Key Sections Include:
- Prefatory Statement: Refers to Exhibit 102 for full context behind the challenge.
- Point #1: Resolution 5 is not supported by the governing documents and violates ORS 94.590 and 94.630.
- Point #2: SHOA misrepresented Resolution 5 to Creditors Specialty Northwest, Inc., prompting an improper $10,000 small claim.
- Point #3: The Board served as both enforcer and adjudicator, lacking fairness and due process.
- Point #4: Fines were escalated and imposed retroactively without clear notice or proportionality.
- Point #5: The “Business Judgment Rule” does not protect conduct that lacks loyalty, due care, and good faith.
- Prayer for Relief: Defendants request full dismissal of the claim and a declaration that Resolution 5 is invalid.
📄 Download Exhibit 101 (PDF)
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