Park at Merryfield HOA Harassment, Retaliation, and Selective Enforcement
Background: (Note: Documents are attached)
In June of 2024, a new homeowner to the Merryfield Community, built a replacement deck and gazebo after reviewing Association CC&R’s, city permitting requirements, and the Oregon State Building Codes.
Around 30 days later, the homeowner and Association President Bryan Smith had an informal conversation about the new addition. Bryan complimented its design and the aesthetic value it added, and when asked if an Architectual Review approval was request. The homeowner explained his due diligence, and Bryan agreed that one was not needed.
Between June 2024 through February 2025, roughly 170 days, not a single notice was issued indicating a violation. During this time period though, Board members had conducted “walk-arounds” specifically designated to identify these types of violations.
In January of 2025, an annual homeowners meeting was held. The homeowner attended this meeting and questioned the Board President on the legal and financial implications regarding a legal driveway easement by a non-association homeowner. During this meeting, many of the homeowners present sided with the homeowner. These homeowners agreed that a majority vote by all homeowners was needed, and not just the Board of Directors.
The Annual meeting took place on January 30th, 2025. Ten days later on February 11th, 2025 the homeowner receives an email from Bryan Smiths private email account stating that there is now an issue with his addition that has been up for almost 10 months. Bryan Smith states that they are not asking homeowner to remove it, but they have an issue with the color. Additionally, he informs the homeowner not to submit any forms until after an in-person meeting can be held. In a phone conversation the same day, the homeowner informs Bryan that these actions are retaliatory.
An in-person meeting is scheduled for April 29th with the Architectual Committee. Before this meeting can take place, on April 10th, while getting ready for dinner, the homeowner notices an individual outside of his home taking measurements. When the homeowner confronts this individual, he witnesses this person slip a measuring tape into his left sleeve of this jacket and walk off quickly. After confronting this individual, the homeowner was able to identify him as Arnold Chase, a board member who is on the Architectual committee.
On April 19, 2025 Bryan contacted the homeowner to confirm the April 29th meeting. The homeowner confirmed the meeting as long has there were not other intrusions on his property after explaining the events of April 10th with Arnold Chase.
Given the escalation, and harassment stemming from the Selective Enforcement. The Homeowner prepared a Formal letter of Complaint and Cease and Desist against the Board of Directors, primarily around the actions of Bryan Smith and Arnold Chase.
April 29th 2025 – At a meeting requested by Bryan Smith, and at his request that this meeting take place at the homeowner’s house, the homeowner for his protection recorded the meeting. Providing that there were no less than 5 visible cameras in view, and in public view. Before any discussion started, Bryan’s first comment was “you will need to take it down”. (Video to this entire meeting can be view here)
Timeline of events:
June 2024- Homeowner builds new deck and Gazebo
August 2024- conversation with HOA President. No review approval needed
January 30th, 2025 – Homeowner speaks out at homeowner meeting challenging Presidents actions. 170+ days have passes since the build.
February 11th, 2025 – First letter from Bryan Smith, HOA President – Sent from personal email account- Not asking you to remove the gazebo, but we have a problem with the color. Do not submit any forms. 10 days after Bryan was challenged at homeowners meeting. Informed his actions are retaliatory.
April 10th, 2025 – Board member Arnold Chase is caught trespassing while taking measurements at the homeowner’s house, without the homeowner being notified or asked.
April 19th,2025 – Bryan Smith is notified of Trespass by Arnold Chase, passively threatens city involvement
April 29th, 2025- In person meeting, first comments by HOA President is “You will need to take it down”. This is when the Homeowner presents Bryan Smith with the Official Letter of Complaint. (Full video of HOA meeting can be seen here)
MerryField Homeowners of Wilsonville 