Condo-HOA Law Blog

Law as it Relates to Condos & HOAs

Contact Us

Addressing Association Manager Conflict of Interest

In late 2006, I wrote an article that unintentionally created a minor maelstrom of backlash from several association management companies in Oregon and Washington. Although published in 2006 in the Community Associations Journal and Regenesis Report the topic is as relevant today as it was almost two years ago. Many management companies continue to serve two masters (homeowners and developer/declarants) without […]

FCC to Ban Exclusive Contracts

On January 4, 2008, the Federal Communications Commission (FCC) issued notice that it would implement its proposed ban on the use of exclusive contracts for existing video services in community associations and other multi-family housing developments. The ban would prevent cable companies from enforcing exclusivity clauses in video service contracts commencing in March 2008. Previously, the FCC had issued an order confirming an October […]

New Towing Laws Affect Oregon HOAs

Homeowner associations often inquire as to their authority to tow vehicles within their communities. The following outline describes general Oregon law regarding homeowners associations’ legal authority and required procedures for towing vehicles. Please note that this posting contains general information and is not legal advice for a specific towing event, which would be unique to the circumstances […]

Association Disclosure and Board Action in a Down Market

The sub-prime lending tsunami has rippled across the US economy, even reaching the Pacific Northwest condominium and homeowner association industry. Theoretically, an Association’s obligation to follow statutory and common law disclosure requirements should remain constant irrespective of whether the Dow Jones Industrial Average and housing market are soaring or slumping. However, practically speaking in a rising market […]

Email and HOA Board Action

There are very few volunteer homeowner association boards that do not communicate via electronic mail. Although most board members know not to take any board action via email, the line between casual communication and official board action easily can be blurred. As general counsel for homeowner associations, I routinely advise boards that to the highest degree possible, […]

Record-Breaking Profits for Insurance Companies

I get that lawyer bashing has become a national pasttime and that plaintiff lawyers are as far down on our society’s popularity chart as politicians.   But what I do not understand is how insurance companies–the quintessential example of corporate largess–have rocketed up the chart.  Madison Avenue has done an amazingly effective job transforming large cap insurance […]

Record-Breaking Profits for Insurance Companies [Updated 4/11/08]

[The following update includes newly released figures for 2007 and supplements my original entry posted 3/29/08] I get that lawyer bashing has become a national pasttime and that plaintiff lawyers are as far down on our society’s popularity chart as politicians.   But what I do not understand is how insurance companies–the quintessential example of corporate largess–have […]

When an Oregon “As-is” Condo is not “As-is”

Recently, I have been contacted by several Oregon condominium association board members and individual homeowners whose conversion condominiums are experiencing serious construction defects and substantial repair costs.  Some of these owners and board members have stated they don’t believe they have any legal claims because the developer sold the condominium unit “as-is.” Oregon law, as in many states, provides […]

Begin typing your search term above and press enter to search. Press ESC to cancel.

Back To Top