A couple of years ago Barker Martin anticipated that hoarding would be an issue for community associations to contend with under laws like the Americans with Disabilities Act and Fair Housing Act. Since then, the issue has continued to garner greater attention in its effect on the community at large. read more

In almost every walk of life, knowledge is something people seek to obtain. Francis Bacon famously, and succinctly, coined the phrase "knowledge is power." But in the topsy-turvy world of insurance, another famously succinct phrase may be more applicable, "ignorance is bliss." (Thomas Gray). read more

The other day, I was contacted by an acquaintance who asked for my help changing his condominium's no-pet policy. He explained that he was a board member, and that their condominium's "bylaws" banned all pets. My first question was whether he wanted my assistance personally or as counsel for his condominium association, to which I received a bewildered look. After a bit more digging, I learned that the reason this person sought my counsel was because the other directors told him that if he wanted to change the bylaws, he either needed to prepare the documents himself or go get his own lawyer to prepare "the documents" for the condominium. The association would not pay for an attorney. The board's position was unwise for several reasons. read more

Most every community association possesses discretion to grant a permit, license or variance for specified conduct of its members. For example, a homeowner association that has a 30-foot height limitation for structures on lots conceivably could grant a variance to an owner who wanted to build a 21 foot home due to extraordinary topography conditions. Or perhaps a condominium association could grant a permit for a disabled owner to use an elevator ordinarily restricted to commercial use. There is a limitless set of examples where permits, licenses or variances may be acceptable in the community association context. read more

As mentioned in last week's submission, associations are frequently confronted with whether something must be disclosed, could be disclosed or should be disclosed. Some questions are easy. For example an Oregon Condo must disclose to prospective purchases, the existence of car charging stations and the owner's related responsibilities. That's a black-and-white question and answer, but consider the following hypothetical situation: XYZ Association received a report recommending full replacement of the roof but doesn't yet know how much it will cost. They are getting currently obtaining bids for the work. What must the Association disclose as part of a resale certificate or other disclosure? read more