Barker Martin

Condo-HOA Blog

Paying Association Board Members

With budget season upon us, I always receive a few calls or emails inquiring about paying board members for serving on the board. I get it, it can often be a very big responsibility and is often a thankless position. read more

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Better a Dead Horse Than a Dead Claim

In about five minutes, you are going to think to yourself, "I feel like I've heard this from him before." Allow me to save you the trouble, what I am going to say I have definitely said before. read more

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A Summer of Changes: ACC Regulations in Your Community

As summer ambles on and the pandemic lingers more homeowners are making changes to their homes than ever before. While this is often a good thing, it can turn ugly and litigious very quickly. No one likes to be told what they can and cannot do to their home! This is especially true if your association does not have proper rules and procedures in place to regulate homeowner changes. HOAs and Condos alike should have ARCs or ACCs (architectural review/control committees) set up to ensure that any work done is consistent with the community, does not reduce neighbors' home values, and does not jeopardize or impede any common areas/elements or limited common areas/elements. read more

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Washington Associations: Collections Update

Recently, there have been two major changes in Washington law that impact association collections. On July 13, 2021, the Washington Governor rescinded Proclamation 20-51 effective as of 11:59 p.m. on July 24, 2021. read more

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Don't Avoid Issues, Investigate Them and Consider Options

People often focus on the negative ramifications associated with litigation. It can be costly, time consuming and often not the most efficient method of resolving disputes. Associations will sometime actively avoid dealing with an issue because it might result in litigation and often fail to consider the ramifications of not pursuing, or at least considering, litigation. For example, associations will sometimes avoid investigating the extent of a problem because they fear what they might find. An association may become aware of water intrusion and avoid investigating the extent of their problem, fearing it might lead to extensive repairs, insurance claims and perhaps litigation. Avoiding the issue will never make it go away. Associations do not avoid issues by ignoring them. The issues and resulting damage compound while the options for relief become more limited. Eventually, a potential insurance claim or litigation is barred by applicable statutes of limitation and repose. Increased damages and no ability to pursue relief is not a good combination. read more

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