Barker Martin

Condo-HOA Blog

Responding to Sexual Harassment Claims

What will your community association do if a board member is accused of sexual harassment, or even assault? What if the allegation against the association's manager? What if the allegation is that another owner is sexually harassing another owner? What if the victim asks to keep their allegations confidential? "Nothing" is not an acceptable answer. read more

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Social Media - Some Pros & Cons

I think we can all agree that social media is becoming more and more pervasive. What used to be an occasional diversion to reconnect with high school friends, has become a significant source of news and social and political engagement for everyone from the Greatest Generation to Gen Z'ers. Of course, this includes homeowners and board members, many of whom believe social media should be a public square to discuss and debate association issues, and even to allow owners to air grievances. However, whether or not social media is a good thing for community associations is debatable. read more

If They Build it, ARC Will Come

Sheds, decks, hardwood flooring, and, yes, baseball fields. Homeowners associations and condominium owners associations in Washington and Oregon almost universally restrict what owners can and cannot construct on their lot or in their unit, and most use some version of an Architectural Review Committee ("ARC") to enforce it. read more

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Suit Limitations

If an Association fails to act in a timely matter, its suit will be lost forever. read more

New Case Law Involving Chapter 13 Bankruptcy Debtors

The 9th Circuit United States Court of Appeals issued an opinion recently in Goudelock v. Sixty-01 Association of Apartment Owners holding that an owner's personal obligation to pay assessments that become due after the debtor has filed a Chapter 13 bankruptcy are dischargeable under ยง1328(a) of the Bankruptcy Code. This means that if an owner receives a discharge in a Chapter 13 bankruptcy case filed in Washington, Oregon, Alaska, Arizona, California, Hawaii, Idaho, Montana, or Nevada, that owner will no longer be personally obligated to pay any post-petition assessments. read more

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