Recent Court Rulings

Recent Court Rulings

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...

Adult Supervision Rule for Playground Was Discriminatory

November 14, 2016    

Facts: A married couple who owned a home in a planned community sued the homeowners association and its property management company for housing discrimination, negligence, and unfair business practices. They alleged that the overly broad community rules requiring adult...

Property Manager Wasn't Personally Liable for Alleged FHA Violation

October 27, 2016    

Facts: A condominium owner sued the property manager of the building’s association, alleging violations of the Fair Housing Act (FHA) because the manager had attempted to enforce rules regarding the owner’s emotional support dog. Despite the association’s rule...

State Laws Determined Validity of Amendment to Declaration

September 14, 2016    

Facts: A planned community was developed in the 1990s. Prior to development, the developer recorded declarations and covenants that provided for the formation of a homeowners association. It stipulated that certain owners of multiple lots would be required to pay dues on only...

Allegedly Fraudulent Condo Sales Didn't Excuse Assessment Nonpayment

August 15, 2016    

Facts: A condominium unit owner was obligated to pay a percentage of the condominium common area expenses. The condominium association sued the owner, seeking collection of unpaid condominium assessments. The owner claimed the association did not have the legal authority to...

Board Members Were Liable Under Section 1983 Claim

August 15, 2016    

Facts: A homeowner in a planned community sued an association and some of its board members, claiming that they violated her constitutional rights by prompting the police to harass her. Specifically, the homeowner claimed that the board members reported that her son was involved...

Association Had Authority to Fine Member for CC&R Violations

July 15, 2016    

Facts: A homeowner who violated the rules in an association’s governing documents was fined. He sued the association, claiming that it couldn’t lawfully impose fines on its members. He argued that: (1) only a government can impose fines; (2) the restrictive covenants...