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Are condo hoa responsible for safety of guests? Statutes?

Customer Question
Are condo hoa responsible for...
Are condo hoa responsible for safety of guests? Statutes ?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Oregon.
JA: Has any paperwork been filed?
Customer: For the hoa? Over 200 units
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm looking to read specifics before deciding on filing. Wrongful death. No exterior lighting delapidated stairs
Submitted: 5 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
6/16/2017
Real Estate Lawyer: Ray, Lawyer replied 5 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,433
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you tonight.

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Customer reply replied 5 months ago
Additionally. If developer sells condos to second entity is the new entity responsible to be sure common areas are safe. Lighted
Customer reply replied 5 months ago
I do not see any response
Real Estate Lawyer: Ray, Lawyer replied 5 months ago

Here in Oregon the Condo Assoc. is responsible for the common areas and has liability for them.They can be sued for wrongful death for the death of a guest based on their negligence as you present it here. If the property were sold to a new entity they assume liability as of the date of the sale here as well.

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Real Estate Lawyer: Ray, Lawyer replied 5 months ago

Three years here to file suit

Time Limits in Oregon Wrongful Death Claims. Like other states, Oregon has a time limit, or "statute of limitations," that limits the time available to file a wrongful death case in court. In Oregon, a wrongful death claim must be filed within three years of the date of the deceased person's final injury.

Wrongful Death Lawsuits in Oregon | Nolo.com

www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-oregon.htm

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Real Estate Lawyer: Ray, Lawyer replied 5 months ago

A claim for death caused by negligence is brought under the wrongful death statute. The quotes below are from Oregon Revised Statutes 30.020.

“Action for wrongful death; when commenced; damages. (1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents … may maintain an action against the wrongdoer …”

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Customer reply replied 5 months ago
What statutes? If the developer built it As apartments. Then converted and sold the entire area. Is the new hoa responsible to remdy defects and meet light and safety standards
Real Estate Lawyer: Ray, Lawyer replied 5 months ago

he amount to be awarded for wrongful death is based upon these factors:

“reasonable charges necessarily incurred for … medical services, burial services and memorial services …;
… for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death;
… for pecuniary loss to the decedent’s estate;
… compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and
… the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.”

These are contingent fee cases you don't pay until there is a recovery.

Yes once the Condo Association took it from builder they have liability from that point on.Thanks for letting me clarify.

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Customer reply replied 5 months ago
Upon talking with them and their insurance they are claiming only the developer is responsible
Real Estate Lawyer: Ray, Lawyer replied 5 months ago

Well in a suit here you sue all and let the court sort it out, possible there is joint liability here. The lawyer will try to recover from all here.

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Real Estate Lawyer: Ray, Lawyer replied 5 months ago

Lawyer referral with ratings.You want the best ones here they can get you a recovery.

https://www.avvo.com/wrongful-death-lawyer/or.html

Sorry for your loss, I wish you the best.Thanks for rating 5 stars.

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Real Estate Lawyer: Ray, Lawyer replied 5 months ago

Damages in an Oregon wrongful death case are intended to compensate the estate and the surviving family members for losses related to the deceased person's death. They include compensation for losses like:

  • funeral and burial expenses
  • medical and hospital expenses related to the deceased person's final injury or illness
  • lost wages and benefits, including the value of compensation the deceased person would reasonably have earned in the future if he or she had continued to live
  • compensation for pain and suffering the deceased endured just prior to death, and
  • loss of care, companionship, comfort, and guidance suffered by the surviving family members as a result of the untimely loss of a family member.

In cases involving extreme negligence or intentional behavior on the part of the defendant, punitive damages may also be awarded.

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Customer reply replied 5 months ago
Thank you. Is there a statute that I can see abut how new wonders hoa would assume liability and should bring to code or remedy
Real Estate Lawyer: Ray, Lawyer replied 5 months ago
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Customer reply replied 5 months ago
Still looking for a ruling or statute that says the new owners hoa must upgrade for safety at least to code
Customer reply replied 5 months ago
My neighbor is an architect. It does not meet code
Customer reply replied 5 months ago
Not code when built or present code UBC
Real Estate Lawyer: Ray, Lawyer replied 5 months ago

015 ORS 30.020¹

Action for wrongful death

  • • when commenced
  • • damages

(1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer. In no case may an action be commenced later than the earliest of:

(a) Three years after the death of the decedent; or

(b) The longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission causing the injury, including but not limited to the statutes of ultimate repose provided for in ORS 12.110 (Actions for certain injuries to person not arising on contract) (4), 12.115 (Action for negligent injury to person or property), 12.135 (Action for damages from construction, alteration or repair of improvement to real property), 12.137 (Action for loss of or damage to property arising from nuclear incident) and 30.905 (Time limitation for commencement of action).

(2) In an action under this section damages may be awarded in an amount which:

(a) Includes reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent;

(b) Would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death;

(c) Justly, fairly and reasonably compensates for pecuniary loss to the decedent’s estate;

(d) Justly, fairly and reasonably compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and

(e) Separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.

(3) For the purposes of this section:

(a) Two persons shall be considered to have a stepchild-stepparent relationship if one of the biological parents of the stepchild, while the stepchild is a minor and in the custody of this first biological parent, marries the stepparent who is not the second biological parent or the adoptive parent of the stepchild;

(b) The stepchild-stepparent relationship shall remain in effect even though the stepchild is older than the age of majority or has been emancipated;

(c) The stepchild-stepparent relationship shall remain in effect even though one or both of the biological parents of the stepchild die; and

(d) The stepchild-stepparent relationship shall end upon the divorce of the biological parent and the stepparent. [Amended by 1953 c.600 §3; 1961 c.437 §1; 1967 c.544 §1; 1973 c.718 §2; 1991 c.471 §1; 1991 c.608 §1; 1995 c.618 §19]

You argue it didn't meet code and that they were negligent.That would be the basis or the lawsuit under the statue above.Architect would be your expert that ti doesn't meet code.

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Real Estate Lawyer: Ray, Lawyer replied 5 months ago
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Customer reply replied 5 months ago
It appears my original expert was no longer available last night. Is a condo hoa over 200 responsible to bring to code or maintain safety. If the developer that built is no longer in ownership? Oregon statute or rules.
Real Estate Lawyer: Ray, Lawyer replied 5 months ago

This is the best I can do here, there is no specific statute on this issue

http://www.nolo.com/legal-encyclopedia/liability-hoa-board-members-personal-injuries-the-property.html

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Real Estate Lawyer: Ray, Lawyer replied 5 months ago

You can make written inquiry about the insurance that the HOA carries for such harm

https://andysirkin.com/ccr-amendment-replacement/homeowners-associations-hoa-faqs-part-3/

Your lawyer would file a claim here threatening lawsuit if not resolved.

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Ray
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