Keizer HOA's dispute with family settled for $300k

A family suing a Keizer homeowners association for not allowing them to park a motor home meant for their disabled daughter in their driveway has agreed to accept a $300,000 to settlement. 

Gary, Renee, and Khrizma Kuhn agreed to dismiss their claims again the McNary Estates Homeowners Association in exchange for the payment and other stipulations. 

"They are thrilled," said Dennis Steinman, the Kuhns' attorney.

He said the family feels like they've succeeded in their primary goal — to help make sure this type of fair housing violation won't happen to another family in the future. 

Gary and Renee bought a home in the Keizer neighborhood in 2005. Five years later, their daughter, Khrizma, 34, began living with the couple full time. The Kuhns are the legal guardians for their daughter, who has Down syndrome and autism, uses a wheelchair outside the home and suffers from severe bowel incontinence.

Her incontinence problems worsened in 2014. Because she needs to be near a toilet at all times, the Kuhns and their medical providers decided in March 2015 that a motor home would be the best way for Khrizma to travel. She could always be near a restroom and use the motor home's shower in case she soiled herself.

The Kuhns asked the McNary Estates Homeowners Association for an exception to a rule preventing parking a motor home in their driveway, according to the lawsuit filed in U.S. District Court.

That request was not granted. In September 2015, the Kuhns sold their home after spending more than $10,000 in repairs and moved to Woodburn.

The family filed a lawsuit in federal court in January 2016, alleging that the homeowners association violated fair housing laws by not accommodating their daughter's needs. In January 2017, U.S. District Judge Ann Aiken ruled in their favor.

► RELATED:Family sues McNary Estates Homeowners Association

Aiken ruled the Kuhn family proved the motor home was necessary and asking for an accommodation was a reasonable request.

A jury trial would have determined damages, but the two parties were able to resolve the pending litigation. The settlement of $300,000 would be paid to the Kuhns through the HOA's insurer. 

In a joint announcement about the settlement, officials said the amicable resolution between the Kuhn family and McNary Estates was not an admission of fault or responsibility by either of the parties.

► RELATED: Judge rules in favor of family in suit against Keizer HOA

The attorney representing the homeowners' association did not immediately reply to requests for comment.

Steinman estimated the family accrued costs nearing $80,000 during the ordeal. The settlement will also be used to pay attorney's fees. The Kuhns are also looking at establishing a trust fund for Khrizma and paying off the motor home.

Steinman said one of the key aspects of the settlement was a requirement that the homeowners association include information from the Fair Housing Council of Oregon about requesting reasonable accommodations. 

The information was required to be sent out to new homeowners, mailed to current homeowners, and posted on the HOA's website. 

"This way, homeowners will know their rights directly rather than filtered through the HOA," Steinman said.

He added that the amount of the settlement is one of the most significant in Oregon for fair housing violations. Most cases average about $25,000 to $75,000, he said. The amount is also in the upper range for fair housing cases across the country. 

The Kuhns now live at a home in Woodburn, where they are able to park the motor home out front. 

"It was never about the money for them," Steinman said. "(It) was about making sure it didn't happen again."

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth

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