Barker Martin

Condo-HOA Blog - March, 2018

Update on the Infamous Open Garage Door Rule

On January 25, 2018, I blogged about an HOA in Auburn, California that passed a rule requiring all of its owners to leave their garage doors open during the day. The goal of the rule was to prevent owners from using their garages as living spaces. The patently overbroad rule—which, in effect, would render residents' possessions in their garages unsecured—subjected the association and board to local and national media scrutiny and criticism. read more

Tenant Criminal History Off-Limits for Seattle Landlords

A new Seattle ordinance, effective February 19, 2018, prohibits landlords from screening tenants based upon their criminal records. According to its proponents, the law, unanimously adopted by the Seattle City Council last August, is intended to lower barriers to housing for people with criminal histories, who are often rejected by landlords. Opponents of the measure argued, among other things, landlords' ability to use criminal background information to protect property and other residents was an important tool. Whether other cities in the Pacific Northwest will adopt similar measures is unclear, but the Fair Chance Housing Ordinance, SMC Chapter 14.06, is now law in the City of Seattle. Keep in mind that similar restrictions exist beyond Seattle in the federal Fair Housing Act, where associations with tenant screening restrictions are not able to obtain FHA financing. read more

Code RED

I was recently participating in a mediation for a client condominium association. We are pursuing a first party insurance claim for property damage discovered by the client. Due to the amount of repairs necessary for the project, the client triggered certain code upgrades required by the County and fire department. The upgrades were both unexpected and costly at just under $500,000. read more

The Power of the ARC

As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or "ARCs" for short). read more

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