Bankruptcies are governed by federal (national) statutes and case law. Under current authority, an owner may be shielded from the collection of certain HOA assessments. In general, a bankruptcy begins with the filing of a bankruptcy "petition." At the conclusion of the bankruptcy, with limited exceptions, debts incurred prior to the filing of the petition ("pre-petition debts") are "discharged" meaning the debts are wiped away and can no longer be enforced against the individual. read more

As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or "ARCs" for short). read more

Recent experience as litigation and general counsel for numerous associations who are currently tackling significant repairs suggests a couple of common pitfalls. read more

At a time when many condominiums are old enough to require major repairs or renovations, community associations can be overwhelmed by the cost. The word is definitely out that a community association loan may be a viable option for many communities. In contrast to a lump sum special assessment, the ability to pay a loan back over a period of years has the potential to lessen the financial impact on owners. Of course, there are costs associated with any loan, including origination fees, interest, attorney's fees, etc., but these tend to be relatively small in relation to the loan size, and often are only charged if the loan closes and can be paid with loan proceeds. read more

A recent newspaper article warned homeowners of an inspector who had been fined more than $80,000 by Oregon's Construction Contractors Board (or "CCB") for performing illegitimate inspections and using the license number of an inspector who had the same first and last name. It is a reminder that licensure comes with important consumer protections, including insurance and bond requirements and other reporting obligations intended to put owners on notice of a history of problems. read more