Fiduciary Duties Tag

By: Scott Welker In American law, there is a long, quiet history of the ill suing the people who made them ill. Dating at least back to the 1800s, defendants have been held liable in court for negligently spreading infectious diseases. These cases have run the gambit, including lawsuits for the spread of tuberculosis (1953), smallpox (1910), typhoid fever (1896), and whooping cough (1884),...

By: Greg Coxey Given this unprecedented time in the history of the world, there is a lot of anxiety and uncertainty about what the future holds. Even though this is a global pandemic, with orders to stay-in-place and stay healthy, the focus shifts to our household and our communities. While practicing social distancing, we must think beyond ourselves and consider all of the members of our...

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 itself from being sued. However, it is important to understand that the...

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...

Oregon community associations enjoy statutory lien rights when owners fail to pay assessments. When a delinquent owner is insolvent and unemployed, an association’s best chance to recover unpaid assessments may be to enforce its lien rights against the property in a judicial foreclosure action. Although foreclosure is usually not the first option, it is a useful tool in certain circumstances...

Recently I started reading an interesting survey of homeowner associations in Russia. Don’t worry, it’s not required reading for U.S. managers and directors. But Rosa Vihavainen’s book homeowners’ Associations in Russia After the 2005 Housing Reform has a lot to say about both the challenges facing Russian HOAs and how Russians are solving those problems. Many of the problems facing Russian...

Recently, Nevada has taken action to remedy their state’s foreclosure mess; will Oregon step up to the challenge? Despite the fact that the federal government attempted to punish large banks for continuing the practice of robo-signing, it had little effect on their practices. The law Nevada passed now makes it a felony to carryout robo-signing, forcing banks to get the proper documentation...

Each year, numerous homeowners are elected to the boards of directors of their homeowners associations. Most directors blindly accept a position on the board with little explanation of their duties as a board member and without appreciation for the significance of the position. Instead of leaving new directors in the dark, associations should conduct an orientation meeting for new board...

Homeowners and condominium associations everywhere are suffering. People are walking away from their properties and not paying their dues. Those still holding onto their properties are left making up for the deficit of others who are not paying these dues. However, there is a small ray of sunshine among all these gloomy issues. How did we end up in this mess in the first place? Due to...

Board members of homeowners associations are frequently faced with decisions that have significant impact on the owners within the association. Should the board require an owner to remove a fence that was installed without permission? Should the board hire the treasurer’s brother to paint the condominium? Should the board increase monthly dues to meet a budget shortfall? These are some of the...