Association Meeting Organization and Procedure (Oregon Law)

In a homeowner or a condominium association, the decisions are made in meetings. It is important to understand the role that meetings play in the overall administration of an association, as well as what the rights and duties are for the owners and directors at these meetings. First of all, it is crucial to remember […]

Meeting Organization

In a homeowner or a condominium association, the decisions are made in meetings. It is important to understand the role that meetings play in the overall administration of an association, as well as what the rights and duties are for the owners and directors at these meetings. First of all, it is crucial to remember […]

How to Best Prepare and Protect Your Association (Oregon Law)

Without a doubt, the most common question I am asked as an attorney by my homeowners’ association clients is “What can we do to protect ourselves from getting sued?” My answer is always the same: “Nothing!” In this era of quick-trigger and frequent litigation, there truly is nothing that an association can do to stop […]

What should I consider before buying a condo? (Oregon Law)

Q: What complication can arise when buying a condo project? A: Condominiums are a type of common-ownership interest property that falls under the responsibility of a homeowners’ association. Condo homeowner associations–as well as owner associations for townhome or single family planned unit developments come in a wide range of development types that affect the level […]

The [Not So] New FHA Guidelines for Condominiums!

Beginning in June of 2009, the U.S. Department of Housing and Urban Development (“HUD”) and the Federal Housing Administration (“FHA”) proposed, implemented, and modified new guidelines regarding the qualification of condominium projects for FHA-insured financing. These guidelines are highly complex and still evolving, and will likely be subject to further modification and clarification by HUD […]

Governing Documents

Build HOA Rules, HOA Bylaws, HOA Covenants That Will Stand the Test of Time Most homeowner associations are governed by a declaration of restrictive covenants (also known as CC&Rs) and bylaws. Both of those documents typically require a vote of the membership in order to amend. Recently, many homeowner associations are contemplating amending their governing […]

Fee or Tax?

Question: A state statute in Oregon prohibits local jurisdictions from passing a real estate transfer tax, yet HOAs are passing real estate transfer “fees” that have grown to be substantial, often one percent of the sales price and certainly more than required to cover any administration costs that might be involved in a title change. […]

HOAs dealing with electronic voting, email requests, and the like (Oregon Law)

Boards and managers frequently ask me whether [and to what extent] they can use email other electronic methods to communicate with owners. My typical response to any question involving process or procedure is, “look at your governing documents first.” However, the bylaws in place for many of the communities I represent have notice requirements that […]

How to Effectively Run a Meeting (Oregon Law)

Use Parliamentary Procedure. There are many different choices, but I recommend Roberts Rules of Order. Another helpful book is A Dummy’s Guide to Robert’s Rules, which makes Robert’s Rules more digestible. Have the Chair Run the Meeting. The chair doesn’t necessarily have to be the President of the Association, but someone appointed chair for the […]

Board Meeting Etiquette

1. Use Parliamentary Procedure. There are many different choices, but I recommend Roberts Rules of Order. Another helpful book is A Dummy’s Guide to Robert’s Rules, which makes Robert’s Rules more digestible. 2. Have the Chair Run the Meeting. The chair doesn’t necessarily have to be the President of the Association, but someone appointed chair […]