Family sues McNary Estates Homeowners Association

A family of former residents of McNary Estates, in Keizer, have filed a lawsuit in federal court alleging the homeowner's association violated state and federal fair housing laws by not accommodating their daughter, who has multiple disabilities.

Gary and Renee Kuhn are the legal guardians for their daughter Khrizma, 33, who suffers from severe bowel incontinence. She needs to be near a toilet at all times. In March 2015, the Kuhns and their medical providers decided a motor home was the best way Khrizma could travel, according to the lawsuit.

In April, the Kuhns asked the McNary Estates Homeowners Association for an exception to a rule preventing parking a motor home in their driveway.

That request was not granted. After unsuccessfully trying to reverse that decision, the Kuhns sold their home and moved to a similar development in Woodburn.

The lawsuit asks the court to order the defendants to implement a plan to provide equal access to people with disabilities and award an unspecified amount of compensatory and punitive damages.

"This has been so horrific for them because it's really uprooted their lives," said Dennis Steinman, the Kuhns' lawyer.

A month after the Kuhns submitted their request, the board of the association decided to have its own lawyer, Kevin Harker, try to work out a solution that didn't involve granting an exception.

The Kuhns' lawsuit alleges that, less than a week after that board meeting, then-president of the Fountains HOA, Richard LeDoux, pushed Gary Kuhn twice, clenched his fist and said he wanted to punch him.

Harker proposed two alternatives: parking the motor home off-site or installing a chemical toilet in a van.

The Kuhns decided neither of those would work because they didn't want to risk taking even a short trip without Khrizma being near a bathroom. Unlike a motor home, the van wouldn't have a shower, in case Khrizma soiled herself, or space to lie down, which she needs for her scoliosis, according to the complaint.

At the June board meeting, Harker advised leaders they were not legally obligated to grant the request. The board suggested the Kuhns use mediation to resolve the issues, which the Kuhns declined, according to the lawsuit.

Harker sent an email to the Kuhns' then-lawyer saying they were not required to grant the request because it related to transportation and not the ability to use or enjoy the home itself.

On the Kuhns' behalf, the Fair Housing Council of Oregon sent a letter to Harker providing legal support for the request, including guidance from the U.S. departments of Justice and Housing and Urban Development that said parking of vehicles were covered by the Fair Housing Act because part of living somewhere includes having the ability to leave and return, according to the lawsuit.

In July, the Kuhns purchased a motor home and began parking it in their driveway.

Soon after they parked it there, the adjacent neighbor complained about not being able to see incoming traffic, Harker said.

The Kuhns ordered a parabolic mirror and offered to hire a contractor to install it for their neighbor, but she denied the offer.

"The Kuhns were willing to do anything ... to try and make this work," Steinman said.

In August, the association officially denied the Kuhns' request. The Kuhns reported experiencing hostility from their neighbors because of the issue.

In September, they sold their home after spending more than $10,000 in repairs.

The family stayed in a hotel for about a month until they could move into their new home. Since Khrizma wasn't in her familiar home environment, she had anxiety, worsened incontinence, was frequently aggressive, ground her teeth and made noisy sounds.

Less than two weeks after moving into the hotel, a doctor diagnosed Gary Kuhns with anxiety as an acute reaction to exceptional stress, according to the lawsuit.

Harker, who represents McNary Estates Homeowners Association, called the lawsuit "disappointing."

"The board of directors tried very hard to come up with a solution," he said.

The biggest concern for the board was safety. The original motor home the Kuhns wanted to purchase would hang out over the sidewalk, he said.

"If the Kuhns had sat down with us, this could have happened very differently," he said.

This is not the first time the association has had trouble with the Fair Housing Act.

In 2011, a Marion County Circuit Court ruled the association had violated the Fair Housing Act by not accommodating a boy with developmental disabilities, according to a Keizer Times story from the time.

The defendants in the Kuhns' suit, including the McNary homeowners association, the Fountains sub-association and their presidents, will have 21 days to respond to the claim once they've been served. It could take around two years for the case to be resolved, Steinman said.

Several courts have ruled that the Fair Housing Act covers vehicles parked outside the home as being necessary to use and enjoy the home, but that hasn't happened in Oregon, Steinman said.

"It could potentially make precedent here," Steinman said.

Email khessel@statesmanjournal.com, call (503) 399-6743 or follow on Twitter @KaellenHessel