COVID-19 and the Risk of Getting Sued
By: Scott Welker
In American law, there is a long, quiet history of the ill suing the people who made them ill. Dating at least back to the 1800s, defendants have been held liable in court for negligently spreading infectious diseases. These cases have run the gambit, including lawsuits for the spread of tuberculosis (1953), smallpox (1910), typhoid fever (1896), and whooping cough (1884),...
Fostering a Sense of Community During COVID-19
By: Greg Coxey
Given this unprecedented time in the history of the world, there is a lot of anxiety and uncertainty about what the future holds. Even though this is a global pandemic, with orders to stay-in-place and stay healthy, the focus shifts to our household and our communities. While practicing social distancing, we must think beyond ourselves and consider all of the members of our...
Tips For Having a Better Annual Meeting- Oregon
Oregon law requires that incorporated homeowners associations hold at least one membership meeting per year—what is commonly called the annual meeting. ORS 64.201 (1). While associations may hold multiple owner meetings throughout the year, the annual meeting provides association members the opportunity to hear a recap of their association’s activities from the past year, and gives owners a...
Common Pitfalls
I am constantly amazed by the ingenuity of the solutions HOA boards come up with to the difficult situations they face. Faced with tight budgets, demanding residents, and difficult personalities, the obvious answers often don’t work. Sometimes, though, we get so focused on a particular problem that we lose sight of the big picture – and the simple solutions. Here are three pitfalls that...
How to Keep Board Meetings Under Control
On the first day of college, in my first class, a professor pounded his fist on the table and yelled, “Method and Discipline, Method and Disciple, that’s all it takes to be successful in college.” While that advice petrified everyone in the class, years later, I find those two elements are all it takes to be successful in almost every situation, including board meetings. It is critical that...
Meeting Organization
In a homeowner or a condominium association, the decisions are made in meetings. It is important to understand the role that meetings play in the overall administration of an association, as well as what the rights and duties are for the owners and directors at these meetings.
First of all, it is crucial to remember that there is a difference between an owners meeting and a board of directors...
Board Meeting Etiquette
1. Use Parliamentary Procedure. There are many different choices, but I recommend Roberts Rules of Order. Another helpful book is A Dummy’s Guide to Robert’s Rules, which makes Robert’s Rules more digestible.
2. Have the Chair Run the Meeting. The chair doesn’t necessarily have to be the President of the Association, but someone appointed chair for the meeting. This person is the official...
Board Meeting Minutes
Both the Oregon Planned Community Act and the Oregon Condominium Act require associations to maintain books and records. ORS 94.670; ORS 100.480. Board meeting minutes are a public/legal record of board action. Meeting minutes should accurately and succinctly reflect the actions taken by the board.
In general, meeting minutes should include: 1) the date, time, and place of the current meeting...