Barker Martin

Condo-HOA Blog - Association Bylaws

Common Pitfalls in Dealing with Major Repairs

Recent experience as litigation and general counsel for numerous associations who are currently tackling significant repairs suggests a couple of common pitfalls. read more

Unpaid Assessments: Liens & Personal Obligations - Part II

Last week, we discussed how delinquencies affect owners and the lots or units they own. This week, we discuss the effect of bankruptcy, sales and foreclosures on the personal obligation or liens. Generally speaking, an owner's bankruptcy affects the owner's personal obligation to pay the amounts becoming due on or before the bankruptcy filing date, but does not impact the Association's lien against the unit or lot, unless additional steps are taken in the bankruptcy case. If the owner wants to try to remove the lien as part of the bankruptcy case, the Association is entitled to notice of the motion and can object. If an Association receives a bankruptcy motion, legal counsel should be contacted immediately to discuss the Association's options. read more

Unpaid Assessments: Liens & Personal Obligations - Part I

Under state law in Washington and Oregon, Condominium and Homeowner Associations have the authority to adopt and amend budgets, and levy and collect assessments from owners for the common expenses. But it can be confusing what happens when an owner does not pay the assessment. This two-part article discusses the personal obligation of the owner to pay the assessment and the lien that is created when the assessment is not paid. Next week will discuss the effects of sales, foreclosures and bankruptcy on both the personal obligation and the lien. read more

Wildfires

It is both eerie and remarkable to observe the smoke blanketing the Duwamish river, Port of Seattle and SoDo. However, the smoke is more than just a curious sight or eye irritant. It is a signal of inconvenience, hardship and even danger for some fellow members of our community, particularly those that live close to impacted areas. read more

Dog Days of Summer

With the mercury hitting record highs this week, I look out my office window and dream of jumping into a nice cool pool. As a community association attorney, my brain automatically shifts from recreation to work mode. I recently helped a client update their community pool rules and thought this would be a good opportunity to highlight potential pitfalls for associations attempting to regulate summer time activities. read more

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