Alerts From the Stoel Rives Web Site http://www.stoel.com/showalert.aspx?show=2488 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/24/2013 9:21:23 AM http://www.stoel.com/showalert.aspx?Show=10031 The Interstate Land Sales Full Disclosure Act ("ILSA") is a federal statute that applies to sales and leases of residential and commercial lots in all fifty states. Unless a project is exempt from ILSA, the developer must register the project with the ... Wed, 16 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9712 After nearly two decades of planning and negotiations, the California high-speed rail ("HSR"), the nation's first dedicated high-speed rail line, is now a reality. In a vote of 21-16, the California State Senate approved Senate Bill 1029 to fund the ... Tue, 31 Jul 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9095 In a decision reflecting perhaps the worst-case scenario for the redevelopment community, the California Supreme Court largely upheld Assembly Bill X1 26, which requires the dissolution of redevelopment agencies across the State, but invalidated Assembly ... Thu, 29 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7290 Homebuyer Protection Act (HB 3689 modifying ORS 87.007 and .091) The legislature has eliminated the option of obtaining a waiver from a buyer of a new home for compliance with the Homebuyer Protection Act ("HPA"), effective January 1, 2011. Now, purchasing ... Mon, 20 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7242 The California High-Speed Rail Authority ("Authority") voted unanimously yesterday to approve allocating $4.33 billion for the construction of the first segment of the High-Speed Rail Project ("HSR"). The winning segment is actually a hybrid of the two ... Fri, 03 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7035 In December of 2009, in Owners Association vs. Satomi, LLC, the Washington Supreme Court ruled that the private binding arbitration provisions in the purchase and sale agreements for three condominium projects were enforceable. The lower courts had ... Tue, 14 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6567 In an effort to further protect new homebuyers from construction lien claims, Oregon's legislature recently eliminated the explicit option of waiving protection under the Homebuyer Protection Act (the "Act"). The Act, enacted by the Legislative Assembly ... Tue, 13 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6467 The Washington Supreme Court recently overturned three lower court decisions that invalidated binding arbitration clauses in condominium sales contracts. In Satomi Owners Association v. Satomi, LLC, the Supreme Court held that the Federal Arbitration ... Fri, 26 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6081 The issuance of FHA Mortgage Letter 2009-19 in June of 2009 raised a host of concerns about condominium mortgage insurance among condominium developers, lenders and associations. In response, FHA temporarily pushed back the effective date of the new ... Mon, 23 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5920 In an important victory for condominium developers, the Eleventh Circuit has dismissed claims for rescission and damages asserted by buyers of condominium units under the Interstate Land Sales Full Disclosure Act ("ILSA"). The Eleventh Circuit's opinion ... Tue, 06 Oct 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5833 Limited liability companies (LLCs) do not provide their members or managers with absolute protection from the liabilities of the company. Members and managers can be personally liable for improper winding up of a company's affairs. The short life cycle ... Mon, 24 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5710 Oregon HB 2434 was passed by the House of Representatives on May 4, 2009 and by the Senate on June 22, 2009. HB 2434 is currently awaiting the Governor's approval or veto. The bill would reduce from 10 years to six years the maximum time period during ... Wed, 08 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5638 In a victory for multifamily developers, the U.S. Supreme Court has declined to review a ruling by the Ninth Circuit that limited the statute of limitations on claims against developers for accessibility design and construction under the Fair Housing ... Wed, 01 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5579 You are a member of a limited liability company that owns Oregon real estate and have found a tenant or buyer who would like to lease or purchase the property. Even though you might not have a real estate license, you can negotiate the lease or sale ... Thu, 25 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5466 Reviewing the relevant zoning map is a vital component of due diligence on a prospective property purchase or development. For the unwary, though, this review can result in costly oversights, as it can lead the unsuspecting to believe that the subject ... Mon, 01 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5453 Oregon House Bill 2434 Threatens to Cut Off Large Commercial and High Rise Residential Defect Claims. All large commercial property owners and developers should be aware of a substantial risk that Oregon's statute of repose for construction and design ... Wed, 27 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5379 In 2003 the Oregon legislature passed Oregon Laws 2003, chapter 660 relating to construction defect claims (the "Right to Repair Law"). That act required developers to deliver the following statutory form of notice of the procedure contained in the Right ... Tue, 28 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5380 Oregon Senate Bill 955 (available here) is an attempt by design professionals to abolish claims by those not under direct contract with the designer. Private and public owners and developers should voice their opposition to SB 955 if they have not already. ... Thu, 23 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5232 On April 8 the Reserves Steering Committee ("RSC") will be taking an important step toward shaping where the Portland metropolitan urban growth boundary ("UGB") may—and may not—expand over the course of the next five decades by recommending urban and ... Fri, 03 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5421 Both chambers of Oregon's legislature are currently considering several bills aimed at reducing the environmental impacts of buildings. These proposals include the following: • HB 3061 directs the Oregon Department of Energy ... Mon, 16 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4508 All owners and developers of property in Oregon should be aware of HB 2434, which is now being heard in the Oregon House Judiciary Committee. HB 2434 would reduce the statute of repose on design and construction defect claims on commercial projects from ... Fri, 27 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3449 The Oregon Court of Appeals recently issued a ruling in the case of Waxman v. Waxman & Assoc., Inc. that resolves two significant issues regarding the statute of limitations in certain construction defect cases. First, the court ruled that where ... Thu, 08 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3318 A recent federal district court opinion raises significant questions regarding whether Measure 49 actually altered the rights previously granted by Measure 37 waivers. The case, Citizens for Constitutional Fairness v. Jackson County, arose after Jackson ... Mon, 17 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3281 On November 19, 2008, the City of Portland will release its "High Performance Green Building Policy" draft for public comment. Public comment on the draft will continue through December 19, 2008, with City Council consideration of the package set for ... Mon, 03 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3229 The current economic challenges being felt throughout the country come at a time when the City is embarking on its first broad-scale review of its Comprehensive Plan in effect since 1980 and its Central City Plan implemented in 1988. The Comprehensive ... Thu, 16 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3159 Many of us working with real estate do not encounter withholding of income taxes at closing by the escrow agent, exchange accommodator or attorney handling funds, except in the context of federal tax and a non-U.S. party. Effective January 1, 2008, ... Thu, 18 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3099 In the past, there has been significant concern by owners about the number of disputes and resulting costs that have arisen on major construction projects. The industry has proactively addressed these concerns and, to a certain extent, these efforts ... Fri, 15 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2979 In Oregon, instruments that transfer or contract to transfer fee title to real property must contain a disclaimer stating that the person acquiring fee title should check with the appropriate city or county planning department to verify the approved ... Wed, 18 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2958 A green lease is a lease of space in a green building. A green building incorporates ecologically sustainable development (ESD) principles to ensure that the ongoing operation and maintenance of the building minimizes environmental impacts. A green ... Thu, 22 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2902 Your next project may be subject to a new construction excise tax. Under recently enacted legislation, school districts now may tax construction projects that result in new structures or additional square footage in existing structures. Before imposing ... Mon, 24 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2864 With the mortgage market fallout, single-family home and condominium sales across the country are taking a hit. Oregon is no exception. Large condo projects in Portland and elsewhere may soon be owned by lenders that financed the projects if the condo ... Tue, 26 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2795 This alert refers to an article I published in the November 16, 2007 Daily Journal of Commerce regarding the risks posed by the waiver of consequential damages clause in contracts. Please download the article here (updated copy). Members of the Stoel ... Wed, 12 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2489 Enrolled House Bill 3186 (the "Act") has been passed by the Oregon legislature. The Act poses significant new restrictions on residential condominium conversions. A copy of the Act is available here. The following is a summary of the essential features ... Tue, 10 Jul 2007 00:00:00 GMT