First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about liabilities, terms, provisions, or implications of the contract. The other single most important thing that […]
The Secret to Disclosures in Community Associations, Part 1
As the real estate market begins to come roaring back, real estate disclosure requirements are an important consideration as homes are quickly changing hands in the current market. Oregon and Washington differ in their disclosure requirements, and it is important for associations to understand when and what to disclose and not to disclose. Read the […]
Some Need to Knows about your Patios
Summer is an exciting time in any community with the weather getting hotter and outside activities beginning, such as sports, swimming, and cookout events. For a place that is in an attached community, often this includes major projects such as painting, grounds cleaning, and landscape improvements. Read the article……….
Common HOA Pitfalls, and How to Avoid Them
I am constantly amazed by the ingenuity of the solutions HOA boards come up with to the difficult situations they face. Faced with tight budgets, demanding residents, and difficult personalities, the obvious answers often don’t work. Sometimes, though, we get so focused on a particular problem that we lose sight of the big picture – […]
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction Defect Suit
In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit alleging construction defect, negligent and intentional misrepresentation, violation of the Oregon Condominium Act and nuisance and when […]
What’s That Smell? Dealing with Secondhand Smoke in Community Associations
More and more often community associations are caught in the middle of disputes between individual homeowners regarding the drifting of cigarette smoke from one unit to another. On one side is the complaining homeowner, who claims that the cigarette smoke is intolerable and cites to the “nuisance” provision within the association’s governing documents. Read more………
Oregon Court Denies HOA’s Effort to Proceed Against Subcontractors for Construction Defect
In Liberty Oaks Homeowner’s Ass’n v. Liberty Oaks, LLC, 2014 Ore. App. LEXIS 1696, the Liberty Oaks Homeowners’ Association (“HOA”) sued the developers of townhomes, alleging that they were responsible for construction defects in the townhouse community. The Developers filed a third-party action against certain subcontractors for “contribution” and “indemnification.” Read more………
Implementing a Maintenance Plan
Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying and addressing components of the common property which need regular maintenance. Failure to do so […]
Amending Governing Documents: An Overview- Oregon
There are many topics to consider when discussing community association governing documents. This includes the differences between the Declaration (CC&Rs), the Bylaws, the Plat, the Articles of Incorporation, and association rules, regulations, and resolutions; how the Oregon Condominium Act, Oregon Planned Community Act and Nonprofit Corporations Act are used as “gap-fillers”, in most cases, to […]
Parliamentary Procedure: Amending a Motion
Most community associations use Robert’s Rules of Order (“RRO”) to govern both board and owner meetings. RRO is an effective tool which allows the chairperson to keep control of the meeting and at the same time ensure that members of the assembly are afforded the right to make motions, speak, and meaningfully participate in the […]
Tips For Having a Better HOA Meeting- OR
Oregon law requires that incorporated homeowners associations hold at least one membership meeting per year—what is commonly called the annual meeting. ORS 64.201 (1). While associations may hold multiple owner meetings throughout the year, the annual meeting provides association members the opportunity to hear a recap of their association’s activities from the past year, and […]
No Consumer Protections? Homeowner Association Industry Banks on It (OR)
Say the words “homeowners’ association” and eyes tend to roll. The steady stream of news about the privatized neighborhoods, run by resident boards of homeowners, ranges from mafia takeovers to DNA tests on dog poop. In our two-year look into homeowner associations and their affiliated businesses, The Skanner News heard many stories about simple disputes […]
How to Avoid Getting Sued as a Board Member
Defending your association in a lawsuit can be costly, time-consuming, and may hinder your board’s ability to function effectively. Your association’s board of directors is required to respond and defend the association in all lawsuits filed against them, regardless of the merits of the claims. Simply responding to a lawsuit and getting the court to […]
Embezzlement
A Homeowners Association’s (HOA) board of directors acts like a mini-government. Like a government, it has the power to collect taxes, through assessments, and spend those funds, which it does through a wide variety of vendors, including property managers, contractors and attorneys. Like a government, this authority sometimes leads to corruption. Although it is impossible […]
Rule Making
One of the powers granted to Board of Directors in Associations is rule making. There are few things all board should be aware about this power, and what it means and does. First, rulemaking ability doesn’t allow the Board to pass any rule. The authority to pass any rule must come from the documents. I […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
Effective Collection Techniques within Your Association
The success of an association, in large part, depends on its fiscal wellbeing. Associations rely on its members to pay their dues in order to ensure maintenance of all the common areas that owners not only enjoy, but that increase property value. What follows are eight techniques for keeping your association’s delinquencies at a minimum. […]
The Privilege of Being a Board Member
Members of community associations and, in particular, the boards of directors, are being asked to make tough decisions regarding the use of community funds. Acting in the best interests of the association, many boards seek legal and other professional advice with regard to their duties to maintain and repair when funds are scarce. Read More……PDF
The Quorum Requirement: A Creative Solution to Getting Stuff Done
“Welcome, Ladies and Gentlemen to our owner’s association meeting. Unfortunately, we didn’t make the quorum requirement to vote on anything tonight, so we’ll need to reconvene this meeting for a later date. Sorry.” Sound familiar? Lamentably, this scenario is more frequently a reality than a hypothetical for many community associations. If you’ve ever served on […]
Architectural Standards
One of the central roles of a homeowners or condominium owners association is the enforcement of architectural standards. The establishment of architectural standards is at the core of many declarations of covenants, conditions and restrictions (CCRs or “declaration”). Owners want to know that nobody will build a monstrous pink house next to them. Read more…
What is an Association Document?
Many owners believe that as members of a community association, they are entitled to inspect association records at will and at any time. An owner’s request to see the association records may happen for any number of reasons, such as when an owner feels that assessments are too high and sets out on a quest […]
Court opinions could change residential lending
The landscape for residential lenders in Oregon and Washington is changing quickly. Three recent appellate court opinions have the potential to significantly impact how residential lenders do business in the Pacific Northwest. Read More……
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]