Community Associations Institute’s Oregon Legislative Action Committee needs your help defending homeowners' rights and protections in Oregon! House Bill 3746 would not only place unreasonable restrictions on the ability of homeowners and community associations to address construction defects but would also risk jeopardizing the quality of housing and property values in Oregon community associations like yours.

HB 3746 is scheduled to be heard on Wednesday, March 12 in the House Committee on Housing and Homelessness. If passed, HB 3746 will have several negative impacts on community associations and their residents, including but not limited to:

• Severely restricting homeowners’ ability to seek adequate remedies for construction defects in their communities. Homeowners would be prevented from taking necessary legal action, even if their homes or common areas suffer from significant defects.
• Allowing problems to worsen. Developers or contractors would be allowed to make repairs that are merely cosmetic or inadequately address defects, without the ability for homeowners or associations to demand more comprehensive fixes. This "right to remedy" would potentially leave defective issues unresolved, leading to long-term damage and serious safety concerns.
• Mandating the use of alternative dispute resolution (ADR) prior to pursuing legal action, potentially delaying the resolution of critical issues for extended periods, while shorting the statute of limitation to resolve these issues.
• Disproportionately burdening communities that are already challenged by the logistics of managing collective decision-making. Requiring a supermajority to take action places a disproportionate burden on communities that are already challenged by the logistics of managing collective decision-making. Community associations are often made up of diverse groups of residents, including absentee owners, renters, and those with limited ability to respond to official communications.
• Removing current provisions that allow homeowners and associations to take legal action against negligent developers Reducing the ability of homeowners to hold builders accountable will only serve to increase the financial burden on homeowners, as they may be forced to pay for repairs out of pocket, potentially through special assessments or by using reserve funds.

 

Oppose HB 3746 – Protect homeowners' rights and protections in Oregon!