I own and live on a 3/4 acre parcel in rural Oregon that is part of a private water district that delivers domestic and irrigation water to shareholders ' properties. The association has 5 wells and miles of underground pipe. It maintains all The water facilities. The association has governing documents that provide for a board of directors and bylaws governing the operation of the association. At the recent 2019 shareholders ' meeting the Board proposed a new bylaw that permits water district employees and representatives to enter a shareholder's property without permission and conduct any water district business thereon. The only restrictions are that The association must attempt to contact the property owner beforehand and the work performed may not exceed $25,000 in cost, without full board approval. The bylaw passed in a close vote.
Here are my concerns:
1. The bylaw's scope is too broad. At the meeting I proposed an amendment restricting unapproved entry to 3 purposes - taking water samples for analysis, reading the metre and turning off water in the event of an emergency. The bylaw proposer refused the amendment.
2. This amendment forces a property owner to give up all rights to refuse work performed on their property or to negotiate how and when the work would be done and to require the association to repair any damage to the property.
1. Is this bylaw contrary to Oregon trespass laws?
2. Doesn't this bylaw exceed the authority of a private association?
Is this bylaw enforceable?
3. Doesn't a land owner have the right to forbid entry to their land, even in the face of such a bylaw?
4. What recourse do I have now to get this bylaw removed, considering that the board was so unwilling to compromise and restrict the scope of the bylaw?