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

'Tis the season. No, not the holidays, but the association budget season. That joyous season where managers and directors work tirelessly to develop a workable, responsible budget and get little or no appreciation for their efforts. 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

People often focus on the negative ramifications associated with litigation. It can be costly, time consuming and often not the most efficient method of resolving disputes. Associations will sometime actively avoid dealing with an issue because it might result in litigation and often fail to consider the ramifications of not pursuing, or at least considering, litigation. For example, associations will sometimes avoid investigating the extent of a problem because they fear what they might find. An association may become aware of water intrusion and avoid investigating the extent of their problem, fearing it might lead to extensive repairs, insurance claims and perhaps litigation. Avoiding the issue will never make it go away. Associations do not avoid issues by ignoring them. The issues and resulting damage compound while the options for relief become more limited. Eventually, a potential insurance claim or litigation is barred by applicable statutes of limitation and repose. Increased damages and no ability to pursue relief is not a good combination. read more

In both Washington and Oregon, community associations that have lien rights for nonpayment of assessments have two options when considering foreclosing on units or lots: judicial or non-judicial foreclosure. Whether a foreclosure is judicial or non-judicial is significant as each have their own processes, procedures, and timelines for terminating the owner's ownership interest in the property. read more