Barker Martin

Condo-HOA Blog - CollinVincent

Insurance Industry Responds, and Owners May Pay the Price

Events of casualty damage, even when some of the damage is covered by an association's insurance policy, can be very expensive for condominium and homeowners associations, primarily because association insurance deductibles are typically tens of thousands of dollars per claim. The deductible expense is really just the portion of the cost to repair that is not covered by insurance, and is often a common expense paid by all owners. Whether an association can pass that expense—often the amount of the association's deductible—directly to the owner who caused the damage, or to the owners whose units were damaged, often depends on the provisions of an association's recorded declaration. 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

TAGS:

Beware Binding Arbitration

Over the last several years, mandatory arbitration provisions have become more and more prevalent in the contracts we sign and agreements we make. They have appeared in nearly every agreement we enter into as consumers - including the warranties for products we buy and agreements for services we use. That is no different for community associations. It is exceedingly important to be aware of when your association's contract requires arbitration instead of seeking a remedy through the court system. read more

TAGS:

No, You Don't Own Your Condo Parking Spot

A relatively common request fielded by condominium associations is from owners wanting to sell their parking spot to another owner. While many owners may believe they own their parking space, parking spaces are almost universally classified as limited common elements that are assigned to a particular unit. While this means unit owners have many of the rights of ownership related to their parking space - such as preventing other vehicles from using the space - from a legal standpoint, they do not own title to the space. 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

< Previous | Next >
Go to Page: