Community Associations

Types

• Condominiums
• Planned Communities
• Co-ops
• Marinas
• Mixed Use

Condominiums

• Form of ownership
• Units & Common Elements
• Must use the word "condominium" for corporate name
• Governed by ORS 100

Planned Communities

• Pattern of ownership
• Common property (title in Association name)
• Governed by ORS 94

Statutes

• Condo Act - ORS 100
• PCA - ORS 94
• Nonprofit Act - ORS 65
• Fair Housing Act
• OTARD
• Flag Act

Statutory Application

Governing Documents

Governing Documents

• Declaration / CC&Rs
• Plat
• Bylaws
• Articles of Incorporation
• Rules and Regulations

Amending Governing Documents

• Condo Declaration reqs state approval
• Condo Bylaws less than 5 years old req state approval

Fair Housing Claims

Manager - Association Relationship

Board Member Duties

• Fiduciaries
• Business Judgment Rule
• Reasonable Care Standard
• Qualified Immunity (ORS 65)

Association Meetings

Types of Meetings

• Board
• Annual
• Special
• Emergency Board

Quorum

• Statutory default: 20%
• Reduced Quorum - 1/2 or 20% whichever is greater

Open Meetings Requirement

Meeting Minutes

Parliamentary Procedure

Association Records

Contracts

Reserves

Emergency Preparedness

Insurance

First Amendment Rights

Areas of liability

• Property Conditions
• Operations
• Discrimination
• Mismanagement of Funds
• Violation of Bankruptcy Stay

Indemnification

Management contracts

Insurance

Insurance policies

• Property
• Liability
• Directors and Officers
• Fidelity

Pre-turnover management

Knowledge of Facts Triggers Potential Liability

You Can't Act Outside the Scope of the Governing Documents

The Health, Life & Safety of Owners is Paramount

Course of Conduct Creates Legal Duties