Recent Court Rulings

Failure to Read Covenant Not an Excuse for Shirking Assessments

November 13, 2017    

Facts: A homeowners association alleged that a homeowner breached the covenant to pay assessments for common area maintenance and other services necessary to operate the community. He had unpaid dues totaling over $15,000. The homeowner contested the reasonableness of the...

Homeowners' Disapproval of Election Doesn’t Invalidate Results

October 25, 2017    

Facts: Two homeowners in a planned community complained about the election and qualifications of the people elected to the board of the association. They became concerned when the developer of the community, in accordance with the bylaws of the association, turned over certain...

Owner Couldn’t Use Litigation to Amend Governing Documents

October 10, 2017    

Facts: The water pipe serving an owner’s condominium unit was constructed in such a way that it ran through a portion of the ceiling of an adjacent unit prior to entering the owner’s unit. The adjacent unit underwent foreclosure. Subsequently, the utilities in the...

Insufficient Meeting Notice Renders Amendment to Declaration Void

June 13, 2017    

Facts: The board of directors of a condominium association wanted to effectively rewrite its declaration, originally drafted in 1983, because the original document was so outdated that the board felt it was necessary to start over from the beginning. After the declaration had...

Short-Term Condo Rentals Weren’t "Business" that Violated Covenants

May 8, 2017    

Facts: An association notified some of its members who were renting their units to vacationers that this was in breach of the restrictive covenants because they were essentially running a business out of their units. The members refused to stop renting their units. The...

Do Community's Rules Discriminate Against Families with Children?

April 13, 2017    

FACTS: A couple filed a fair housing case, alleging discrimination based on familial status at the condominium community where they lived with their two minor children. The couple claimed that the condo association and its management company created an “atmosphere of...

Homeowner's Retaliation Claim Against Association Failed

March 9, 2017    

Facts: A homeowner in a planned community that was situated on a lake witnessed an employee of the community’s hired landscaping company spraying fumes without wearing protective clothing or a face mask. The homeowner complained to the association and also made a report to...

Association Couldn't Rely on Declaration to Cut Down Berm

March 9, 2017    

Facts: Two homeowners with a townhouse in a planned complex sued the association for making alterations to and performing work on a protective berm located in the complex’s common area near their lot. They alleged that the alterations to the berm resulted in a loss of...

Court Didn’t Find Pervasive Pattern of Discrimination

February 10, 2017    

Facts: A woman moved into a condominium with her mother, who was handicapped, to help with her daily activities. The woman asked the condominium association to provide an unobstructed path between the member’s front door and driveway.

Evidence Showed Association Removed Member’s Trees

January 17, 2017    

Facts: The owner of property in a planned community sued the homeowners association under Oregon’s timber trespass statute, after several trees were cut down and removed from his land without his permission. The association claimed that an adjacent golf club with an...

Member's Settlement with Association Precluded Subsequent Lawsuit

December 7, 2016    

Facts: An association member complained to the community’s management company on three separate occasions that an unauthorized car was parked in his assigned parking space at the property. The manager told the member to call a towing company, but when the member contacted...

Statutory Snow and Ice Liability Protection Didn't Apply to Association

December 7, 2016    

Facts: A condominium member suffered injuries after slipping on the sidewalk outside her building. She sued the association and the association’s management company for negligence, alleging that a defective drainage condition and negligent maintenance of the premises where...

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