Association Contracts (Oregon Law)
One of the powers and duties delegated to the board of directors in an association is the power to negotiate and enter into contracts. In fact, one of the exceptions to the open meetings requirement is for negotiation of contracts. Boards can meet in executive session to negotiate contracts and then re-convene in an open board meeting to vote on approving a contract.
In its simplest form, a...
Mediation
In the “Malcom in the Middle” clip currently available on Youtube entitled “Duel at the Mall” (www.youtube.com/watch?v=autftvUIxfg), two people transform a simple door-ding incident at a retail parking lot into a full blown war. If you haven’t seen it, you owe it to yourself to Google and watch it. Simply put, it is one of the best examples of how, in our community relationships, imputing to...
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 to rid the budget of all the “useless” expenditures.
Of course, association boards...
What is an Association Document? Putting a Resolution in Place Defining What It Is and a Policy for Retention (Oregon Law)
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 to rid the budget of all the “useless” expenditures.
Of course, association boards...
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.
Many declarations stipulate a few specific...
Enforcing the Oregon Trust Deed Act
Introduction
In the real estate world, the years leading up to the 2008 financial crisis were characterized by massive financial irresponsibility exacerbated by a regulation vacuum. The nation’s biggest financial institutions securitized millions of loosely underwritten home loans into mortgaged-backed securities and sold them to unknowing investors. The result—now widely recognized—was the...
Stay at Home Parents
Deciding to stay at home with your child is an exceptionally admirable choice, but it undoubtedly opens the stay-at-home-parent (SAHP) to certain financial and other vulnerabilities. This article addresses some of the estate planning issues that should be considered by SAHPs. These issues are especially important in light of unexpected events: the death of your spouse or a divorce. While...
FHA Approval for Condominiums: Update
Recent changes to FHA guidelines have opened the door to FHA approval for many condominium projects that were previously ineligible. In light of these changes, now is an excellent time for condominium associations to evaluate (or re-evaluate) their eligibility and consider applying for FHA approval. This article will discuss the significance of the recent changes, as well as give a broad...
Holiday Thoughts from VF
It is the season of harvest and holidays again. In the same way you reflect on family and gratitude in your personal life this season, take a moment to reflect on the state of your community and board. This year in the community association world we have seen some dramatic examples of what happens when a board is not mindful of its duties, with the massive construction defect scandals that...
Pets, Your HOA, and ADA/FHA Guidelines (Utah Law)
We all know someone whose dog or cat is much more than just a pet. Well, for purposes of the Fair Housing Act, they may be right. Community associations must be careful as they adopt rules and regulations regarding animal restrictions, because it is easy to run afoul of federal laws like the Fair Housing Act (FHA) or the Americans with Disabilities Act (ADA), that provide homeowners with...