Difficult Decisions

As an HOA board member, you’re constantly between a rock and a hard place. No matter what you do, one contingent of owners hounds you for not doing enough, another congratulates you for doing a great job, and yet a third scolds you for doing too much. This predicament arises over and over, whether the […]

Rules and Assessments

If asked, many would say that the most important things a homeowners association takes care of are collecting assessments and enforcing the rules and regulations. In economically prosperous times, it’s a virtual no brainer–get a reserve study, create a budget, and assess accordingly. Associations need to design a concrete set of rules, an enforcement resolution, […]

Why Incorporate Your Homeowners Association? (Oregon Law)

Authority to Incorporate The 2007 Oregon Legislature passed legislation relating to incorporating condominium associations. House Bill 2666 (Chapter 410, Oregon Laws 2007) amended the Oregon Condominium Act (“OCA”), ORS Chapter 100, to give the board of directors of an existing condominium association the power to incorporate the association as an Oregon nonprofit corporation, notwithstanding a […]

Rules and Assessments, Creating Balance in an Association (Oregon Law)

If asked, many would say that the most important things a homeowners association takes care of are collecting assessments and enforcing the rules and regulations. In economically prosperous times, it’s a virtual no brainer–get a reserve study, create a budget, and assess accordingly. Associations need to design a concrete set of rules, an enforcement resolution, […]

Satellites

Lawyers are often asked about an HOA’s ability to restrict or prevent the installation of satellite dishes. An HOA generally has the authority to restrict or prohibit all sorts of things; shouldn’t a satellite dish be included? Given that some believe a satellite dish to be a cumbersome eyesore, it would only seem logical that […]

Transfer Fee Bans

On March 8, the Idaho Senate sent an act restricting deed-based transfer fees to the House. To those of us following association law, this looked a lot like the contested federal lending restrictions that the FHFA is currently considering for fees found in declarations. (http://www.caionline.org/govt/news/Pages/FHFA,TransferFeeRegResourcePage.aspx) Is this new act a rematch of the federal fight […]

Renters, Bearing the Brunt of Unpaid Assessments (Oregon Law)

In today’s economic climate, many owners of condominium units, townhouses, and single-family homes are opting to rent their homes in lieu of trying to sell them in a down market. This scenario, however, has the potential to create many problems for homeowners associations. One such problem is what to do when an owner has a […]

Renters

In today’s economic climate, many owners of condominium units, townhouses, and single-family homes are opting to rent their homes in lieu of trying to sell them in a down market. This scenario, however, has the potential to create many problems for homeowners associations. One such problem is what to do when an owner has a […]

Sensitive Documents

Homeowners association and condominium owner association boards are frequently confronted with the question: what should the board do when a homeowner requests sensitive association documents? Frequently the homeowner seeking the documents is angry with the Board and is threatening to sue the Association. While Boards would usually prefer to refuse these requests, Oregon law generally […]