Barker Martin

Condo-HOA Blog - Association Bylaws

Towing Revisited

It has been quite some time since this Blog explored an associations' authority to tow vehicles within their communities (prior blog article can be viewed here). Considering towing is a high-stress situation for most boards and the sheer number of questions we receive related to towing, we thought it would be useful to revisit a few of the basics of this issue. read more

What's Your Authority?

I was reminded this week of a common pitfall: Don't choose your authority to fit the argument you're trying to make at the time. read more

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

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

Lien for Unpaid Assessments

Under Oregon state law, condominium associations and homeowner associations have an automatic lien against the unit or lot for unpaid assessments. In Washington, a condominium association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. Unfortunately for Washington homeowner's associations, the state law is silent and does not specifically provide that the homeowner's association has a lien against the lot for unpaid assessments. However, most of the time, the association's specific governing documents will create a lien for the unpaid assessments. For Washington homeowner's associations, you will need to look at your association's governing documents to determine whether your association has a lien for unpaid assessments. read more

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