Nuisances: More Than Just Irritating
Published on Feb 08, 2021
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PRESENTATION OUTLINE
What is a nuisance under OR law?
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“A substantial and unreasonable interference with the use and enjoyment of the property of another.”
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What is a nuisance under the governing documents?
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“No noxious of offensive activity shall be carried on upon any lot, nor shall anything be done, grown or placed upon any lot which interferes with or jeopardizes the enjoyment of any lot within the Association.
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What to Do When a Nuisance is Reported
- Review governing documents
- Investigate
- Analyze
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Board Obligations
- Board members are fiduciaries
- Statutory requirements
- Responsibilities
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Limitations on Board Authority
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Imposition of Fines
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Lawsuits: Who can bring a nuisance claim?
- Association
- Owner
- 3rd Party - Neighbor of City/County
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Lawsuits: Burden of Proof
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Lawsuits: Type of Actions
- Injunction/equitable relief
- Money damages
- Collections - liens and judgments
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Other Remedies: Governing Documents
- Termination of Utilities
- Termination of Facility Services
- Termination of access to common areas
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Other Remedies: Self Help
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Be a Good Neighbor
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Questions?
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