My Mother owns a condo in a building, she doesn't owe any money on the condo and pays her association fees every month and is current with h...

Question

My Mother owns a condo in a building, she doesn't owe any money on the condo and pays her association fees every month and is current with her property taxes and insurance. The condo association says that if we don't obey the CCR's they will change the code on the common front door and lock us out of the home. My Mother is not doing anything to violate the CCR's but she is in her 80's and these people have scared her into thinking that one mistake and she would be locked out of her home.

I told my Mother that changing the code to prevent her access to a condo that she owns sounds completely illegal, even if she did accidently violated a CCR.

I want to put her mind at ease. If someone could let me know, and if they would ever try that, what law would they be violating?

Answer

This sounds utterly outrageous. Among the laws they would be violating is the law against stealing property. Locking your Mother out of her own condo, without an overwhelmingly good reason, would be stealing the condo. It would be grand theft felony.

You should get a copy of all written contracts regarding the condo and read them. There should be very specific standards for locking someone out.

Also, Oregon statutes provide for a triple-damages civil action against anyone who engages in financial abuse of an elderly person. ORS 124.100 provides:(2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

(a) An amount equal to three times all economic damages, as defined in ORS 31.710, resulting from the physical or financial abuse, or $500, whichever amount is greater.

(b) An amount equal to three times all noneconomic damages, as defined by ORS 31.710, resulting from the physical or financial abuse.

(c) Reasonable attorney fees incurred by the plaintiff.

(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.Anyone over 65 years old is defined as "vulnerable." "Financial abuse" is defined to include "When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person."

Let me know if the threats continue.