In 2021, the Oregon legislature enacted House Bill 2534-A ("HB 2434-A"), which prohibits discrimination based on "race, color, religion, sex, sexual orientation, national origin, marital status, familial status or source of income" with respect to housing and applies to recorded instruments governing residential communities, namely an association's declaration and bylaws. HB 2434 also provides that any provision in an instrument executed in violation of the above section is void and unenforceable. read more

Our general counsel group often gets questions from clients about their Association's authority to deal with roads in their communities. Whether the question is about speed limits, parking, towing, or just improving the roadway, the question always requires us to make a number of determinations before being able to answer the question. Following these steps and trying to determine the answers to these questions before contacting counsel may even help communities resolve the ultimate issue with little legal intervention (and less expense!). read more

Many associations have inquired whether there are any restrictions in taking collections action to recover unpaid assessments. Currently, the Cares Act and other federal laws do not prevent associations from proceeding with collections, including initiating a personal obligation or foreclosure lawsuit. Likewise, there is not a Washington or Oregon state law preventing an association from sending delinquency notice letters, recording liens, or filing lawsuits. read more

Last week I argued a case before the 9th Circuit Court of Appeals. My client owns a hotel on the Oregon Coast. Several years ago, a hundred year storm flooded the lowest floor of the hotel. My client participated in the National Flood Insurance Program, which is a FEMA backed flood insurance program. The majority of the claim was denied because the bottom floor of the hotel was deemed to be a "basement." The insurance company also argued that the proof of loss, which was submitted by the insurance company's agent, was not timely. The District Court agreed with the insurance company and held that despite the insurance company's appointed agent taking control of the process, essentially my client should have ignored the insurance company's instructions. read more

You are sitting comfortably when out of the blue, the floor starts to shake and pictures fall from the wall. One of two things is happening: you are at my house for Thanksgiving and I've just ambled toward a third plate or you are experiencing an earthquake. In the last week alone, Oregon has experienced more than 30 small earthquakes. Washington has had 33. A recent NBA summer league basketball game had to be evacuated when a 7.1 magnitude earthquake hit Southern California. Most experts believe the "big one" in the Northwest is a question of when, not if. read more