Legal Question in Real Estate Law in Oregon

Can a condominum building Home Owner's Association board prohibit BOTH condo owners who rent out their condo units and their tenants from using shared building facilities? My Portland, OR condo building is running out of storage area in their shared bike storage rooms so they've decided to not let people who rent either condo units and their tenants not have an equal chance to use the facilities. The covenents and restrictions say that we can rent out our unit but has not specific rules on what happens to shared facilities in this case. I would understand them not allowing the owner of the condo unit access to the shared facilities but not BOTH the owner and their tenant since I pay the same HOA fee as everyone else.

Where can I find the state laws on this so I can prove to my HOA board that what they are doing is illegal?

Thanks.


Asked on 10/22/09, 2:12 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

I don't think you are going to find any state or local laws specific to this situation. Whether you get access to the storage area depends upon your contract with the HOA and the HOA's bylaws. Does your contract or the bylaws authorize the Board to ban you from the storage area? Does your contract allow the bylaws to deprive you of what you bargained for and paid for under the contract? Probably not.

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Answered on 10/28/09, 5:30 am


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