PAGE A2, KEIZERTIMES, MAY 19, 2017
HOA settles suit for $300K
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Lights, Comedy, Laughs!
Saturday, June 10
JAMES P. CONNOLLY & JOHN HILDER
will perform at 7pm and 9pm. Admission
is only $10. Ages 21 & over only.
Reserved seating for this show. Purchase
tickets at box offi ce or at our website.
Today in History
One of the fi rst major treaties designed to limit the spread of
nuclear weapons goes into effect as the Soviet Union ratifi es
an agreement banning nuclear weapons from outer space.
The United States, Great Britain, and several dozen other
nations had already signed and/or ratifi ed the treaty.
— May 19, 1967
Food 4 Thought
“Above all, be the heroine of your life, not the victim.”
— Nora Ephron
author of When Harry Met Sally
and Sleepless in Seattle, born May 19, 1941
The Month Ahead
Continuing through Sunday, May 21
McMenamins UFO Festival at Hotel Oregon in McMinnville.
A wide variety of events and activities surrounding UFOs
including lectures, speakers, runs and the UFO Festival
Parade at 2 p.m. on Saturday, May 20. ufofest.com.
Friday, May 19 – Saturday, May 20
Keizer Community Library Book Sale, 8 a.m. to 5 p.m.
Friday, Saturday 9 a.m. to 4 p.m. Keizer Civic Center.
Friday, May 19 – Sunday, May 21
Volcano RV Show, Volcanoes Stadium. Free admission.
Visit volcanoesrvsummersale.com for details.
Friday, May 19
Author Karen Russell to read at Oregon State University at
7:30 p.m. in the Valley Library Rotunda, 201 S.W. Waldo
Place. The event is free and open to the public. 541-737-
1658.
Southeast Keizer Neighborhood Association meeting,
6:30 p.m. Southeast Keizer Community Center, 1045
Candlewood Drive N.E.
Saturday, May 20
The Keizer Stake of the Church of Jesus Christ of Latter Day
Saints hosts Family Discovery Day at the Family History
Center, 862 45th Ave N.E. in Salem. 8:30 a.m. to noon.
Learn how to research vital records and online databases to
trace your familial roots. Free.
Iris Festival Parade, 10:30 a.m. to 12:30 p.m. Road closures
begin at 9 a.m.
Lemonade Day in Keizer and Salem. Kids learn about
business by operating their own stand. Hundreds of
stands throughout Keizer and Salem. Visit Facebook.com/
lemonadedaysalemkeizer.
The Great Junk Hunt, in Columbia Hall at Oregon State
Fairgrounds and Expo. 9 a.m.-4 p.m. Admission is $5.
Sunday, May 21
The Salem Concert Band presents a Pacifi c Premiere at
3 p.m. at the Willamette University in Hudson Hall. $5
student general admission, $15 general admission, and $20
reserved seating. salemconcert-band.org or 503-362-0485.
Wednesday, May 24
By ERIC A. HOWALD
Of the Keizertimes
A family suing the McNary Estates
Homeowners Association (HOA) for
discrimination against their developmen-
tally disabled daughter settled the suit for
$300,000 last week.
The amount will be paid by the HOA’s
insurer. While the settlement did not re-
quire an admission of fault or responsibil-
ity, the family’s attorney, Dennis Steinman,
said making the fi nal amount public was a
priority for the family.
“What was important to the Kuhns
was that everybody should know what is
going on with this particular HOA – and
HOAs, in general – and the impact having
violated the law can have,” Steinman said.
The lawsuit stemmed from incidents
that occurred in 2015. Gary and Renee
Kuhn, along with their daughter Khrizma,
purchased a RV to accommodate a host
of maladies Khrizma suffers from and that
require her to have access to a bathroom
even on short trips.
The family began parking the RV in
their driveway and ran afoul of the HOA’s
covenants, conditions and restrictions
(CC&R). The family requested waiv-
ers given the medical necessity, but they
were denied on several occasions. The
Kuhns also ran into hostility and passive-
aggressive monitoring by their neighbors
according to the original complaint.
The Kuhns sold their home in the fall
of 2015 and fi led suit against the McNary
Estates HOA, the Fountains at McNary
Pentacle Theatre presents Ken Ludwig’s Leading Ladies,
a theatrical comedy set in 1950s Pennsylvania, opening
tonight and running through June 17. Visit pentacletheatre.
org for tickets and show dates.
Monday, May 29
Memorial Day. Government
institutions closed.
offi ces
and
fi nancial
Monday, June 5
The Historic Grand Theater presents Igor and the Red
Elvises in concert, 8 p.m. Tickets are $20 at the door, $17
advanced purchase. enlightenedtheatrics.org.
Monday, June 12
Gordon Lightfoot—In Concert: The Legend Lives On, 8
p.m. Tickets range from $49 to $69. elsinoretheatre.org.
Saturday, June 17
By ERIC A. HOWALD
Of the Keizertimes
Presented with the choice
of wading deeper into regulat-
ing vehicle-for-hire operations
or pulling back altogether, the
members of the Keizer City
Council opted to wash its
hands of the issue.
The council revisited the
city’s ordinance governing
vehicle-for-hire companies at
a meeting Monday, May 15.
The issue was fi rst brought up
at a meeting in April when the
owner of Willamette Valley Taxi
Company requested the city
waive its rules requiring drivers
to purchase an operators license
and pay an annual fee to service
Keizer residents.
Council members unani-
mously opted to repeal the
Keizer ordinance, but doing so
By HERB SWETT
For the Keizertimes
School
administrators
answered
Salem-Keizer
School
District
budget committee
questions Tuesday,
May 9, at the
second meeting of
the committee.
Super intendent
Christy Perry said several
funds, not just the general
fund, pay for career and
technical education.
Michael Wolfe, chief
operating offi cer, noted
that the district does not
set
Public
Employees
Retirement System rates. He
said the administration looks
at a fi ve-year average and
targets between 50 percent
and 75 percent of PERS
funds for a reserve.
He told the committee the
administration has a target of
5 percent to 7 percent for the
contingency fund. District
policy, he said, requires at
least 1 percent.
Mark Bateman,
a
committee
member, said the
district
should
fi gure out what
it is spending on
recruiting teachers.
Chris Brantley, a committee
member who serves on
the School Board, said the
district should look at the
cost of induction as well as
that of recruiting.
State sources provide 49
looking
back in
the KT
5 YEARS AGO
McKane announces
mayoral bid
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THIS WEEK’S
MOVIE TIMES
Power Rangers (PG-13)
Fri 1:55, Sat 3:15, Sun 12:50
Ghost in the Shell (PG-13)
Fri 8:25, Sat 8:25, Sun 8:40
The Great Wall (PG-13)
Fri 9:15
Hidden Figures (PG) Fri 6:50
The Shack (PG-13)
Fri 4:20, 5:50, Sat 12:45, 5:35,
Sun 3:15, 8:30
The Case for Christ (PG)
Fri 1:45, Sat 3:50,
Sun 12:25, 6:15
Get Out (R)
Fri 9:00, Sat 6:00, 9:00,
Sun 6:40, 8:20
Sunday, June 25
Logan (R) Fri 6:25,
Sat 6:25, 8:05, Sun 5:45
Add your event by e-mailing news@keizertimes.com.
also paves the way for compa-
nies like Uber and Lyft to oper-
ate in city limits without incur-
ring additional costs.
“This would eliminate the
problem for Willamette Valley
Yellow Cab and, as far as Uber
and Lyft, the liability would be
on them for their contractors,”
said Mayor Cathy Clark.
In March, the city sent let-
ters to the area’s cab companies
requesting compliance with a
city ordinance requiring drivers
to register and pay a one-time
$50 application fee in addition
to $35 yearly.
Keizer’s policy had been to
honor taxi licenses issued in Sa-
lem, but Community Develop-
ment Director Nate Brown said
a single operator who wanted
to get his license in Keizer and
have Salem honor it. The Keiz-
er license is cheaper. It ended
up being the only Keizer taxi
license issued since the adop-
tion of the ordinance covering
vehicle-for-hire operators in
1994.
At the same time, the Salem
City Council was re-examining
its ordinances that kept com-
panies like transportation net-
working companies (TNC)
out of the area. The TNC des-
ignation was self-selected by
companies like Uber and Lyft
and allows them to call drivers
independent contractors and
sidestep vehicle-for-hire laws.
Uber plans to begin service in
the Salem metro area on June 6.
“The Salem Council has be-
come a little more friendly and
changed regulations to match
up with Uber requests,” said
Keizer City Attorney Shannon
School board talks budget
Vans Warped Tour, Cascade Hall, Oregon State Fairgrounds
and Expo, 11 a.m.-9:30 p.m. Tickets range from $35 to $50.
vanswarpedtour.com.
McMinnville Garden Club 17th Annual Garden Tour and Faire.
Garden tour from 10 a.m. to 4 p.m. $10 admission. Free garden
faire from 9 a.m. to 4 p.m. Tickets available in McMinnville
at: Kraemer’s Garden Center, Incahoots, and Great Harvest
Bread Company; June 15 and 22 at the Farmer’s Market; and
June 25 day of tour at the garden faire, Kraemer’s Garden
Center, and fi ve tour gardens. mcminnvillegardenclub.org.
fence to prevent an 11-year-old develop-
mentally disabled boy from wandering off
the property of his mother’s boyfriend.
“They didn’t get it,” Steinman said.
While some lawsuits against HOAs
have resulted in larger settlements regard-
ing similar issues, Steinman said the Kuhn
settlement was one of the most signifi cant
in Oregon, and nationwide, for a single
HOA and plaintiff.
“This really stands out, and it should
send a message to HOAs that when they
violate the laws that the penalty is going
to be felt,” Steinman said.
In addition to the monetary settle-
ment, HOA offi cials have to provide the
Fair Housing Council of Oregon’s doc-
umentation on how to get a reasonable
accommodation as part of their CC&R’s.
The rules also had to be posted on the
HOA website, sent out to existing home-
owners, and will be given to new pur-
chasers.
The decision also has larger-scale im-
plication. Going forward, the decision in
the case can be used as precedent for oth-
er cases when HOAs and disabled resi-
dents’ needs come into confl ict.
“The crux of this case is whether the
choice of a disabled person about how
they want to deal with their disability is
greater than the voice of the HOA about
how they want their community to be
lived in. In the strongest possible terms
I’ve seen, this case lays out that CC&Rs
don’t trump what the law says,” Steinman
said.
City will stop licensing taxi drivers
Renowned violinist Joshua Bell joins the Salem Symphony
at the Historic Elsinore Theatre, 8 p.m. Tickets range from
$30 to $70. Also available is the Stradivarius VIP Experience
(tickets are $250) which includes an opportunity to meet
Joshua Bell. elsinoretheatre.org.
Friday, May 26
Estates and the Phase 8 HOA as well as
two individuals. The Fountains at McNary
and Phase 8 HOA settled with the Kuhns
in mediation. All the Fountains and Phase
8 board members were required to attend
a fair housing training, review and adopt
of reasonable accommodation procedures
and pay monetary damages of $25,000.
In January, U.S. District Judge Ann Ai-
ken issued a summary judgment fi nding
that the McNary Estates HOA had dis-
criminated against Khrizma in their re-
fusal to accommodate the RV.
Steinman said the family did all the
right things in their attempt to seek a
waiver and that resulted in a strong case.
“(The Kuhns) brought in experts
through the Fair Housing Council of Or-
egon to advocate for them and provide
signifi cant and detailed support as to why
this should have been permitted,” Stein-
man said.
While that was one reason he decided
to take on the case, it was not the only
one.
“There wasn’t really well-established
law regarding the HOAs’ obligations to
make reasonable accommodations for
someone with disabilities. We wanted to
make sure that it was squarely addressed,
and we did,” Steinman said.
He added that it was not the fi rst time
the McNary Estates HOA was found in
violation of fair housing standards.
In the 2011, the McNary Estates HOA
was determined to have violated the Fair
Housing Act by not allowing a privacy
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4:20, Sun 12:00, 2:40, 3:55
The LEGO Batman Movie (PG)
Fri 4:10, Sat 12:00, 2:15,
Sun 1:50, 4:30
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percent of the projected
revenues for 2017-18. Local
sources, including property
taxes, provide 25 percent. Of
the remainder, 17 percent
comes from federal sources,
7 percent from intermediate
sources, and 2 percent from
other sources, including the
beginning fund balance.
The committee will hold
hearings May 22 and 23 and,
if needed, May 24.
Johnson. “You have a dilemma.
On one hand, it’s a reduction of
regulation. On the other, it’s a
service people have been ask-
ing for.”
Given that eliminating the
regulation reduces staff time
spent enforcing the matter as
well as liability if anything goes
wrong, Johnson advocated for
the repeal.
Before calling for the vote,
Clark added that allowing
TNCs to operate in Keizer had
other benefi ts.
“One of the benefi ts is the
quick response and the reduc-
tion of driving under the infl u-
ence. People can order a ride
from their phone and they are
there before the caller has a
chance to rethink their deci-
sion and get behind the wheel,”
Clark said.
KMUZ funder
Ken Ludwig’s Leading La-
dies will be performed at the
Pentacle Theater, 324 52nd
Avenue N.W.
Proceeds from the perfor-
mance on May 31 will benefi t
KMUZ, a mid-Willamette
Valley radio broadcaster. The
performance starts at 7:30 p.m.
Tickets are $25 per person.
The comedy opens May
26 and runs through June 17.
Purchase tickets at pentacle-
theatre.org.
sudoku
Enter digits
from 1-9 into
the blank
spaces. Every
row must
contain one
of each digit.
So must every
column, as
must every
3x3 square.
David McKane announced
that he’s running for mayor of
Keizer.
10 YEARS AGO
Fire chief to retire
Chief Greg Frank announced
he will be retiring after 17
years as chief. He’s been with
the department for 26 years.
15 YEARS AGO
KEIZERTIMES.COM
Web Poll
Results
Park advocates plead
for money
The Park Board’s fi rst option
is to seek increased funding
through the city’s budget
process. Putting a charter
amendment on the ballot is
the board’s second option.
Are you in favor of
the proposed casino
in north Salem?
20 YEARS AGO
Accounting’s loss is
Keizer’s gain
For Detective Jeff Kuhns, it
was autopsies over accounting.
That choice led him to
police work and eventually a
post with the Keizer Police
Department. The department
itself named Kuhns 1996
Offi cer of the Year.
62% – No
38% – Yes
Vote in a new poll every Thursday!
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