Barker Martin

Condo-HOA Blog - Association General Counsel

Condemnation (But Not In The Biblical Sense)

When the government needs land to widen a highway, install a power line, extend light rail or build a runway, it just takes it from the surrounding landowners. Is this fair, or legal? I don't know about fair, but it is legal. read more

Misadventures in Rulemaking

Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible. read more

Documentation and Litigation

Clients sometime ask: "Will we get sued if we do this?" Beware of the attorney who answers this with "Yes" or "No". No attorney can know if or when a client will be sued. People sometimes sue when they shouldn't. The key is putting your association in a position to defend any claim, frivolous or otherwise. Having the proper documentation really helps a defense and can greatly reduce the time and expense involved. read more

Last Minute Budget Advice for Washington Communities

By now, many communities in Washington will already have prepared, and maybe even had budgets approved, for 2019, but we wanted to get in one last reminder that because WCIOA's budget section applies to all condos and HOAs, your budget may be a little different this year, and you may have a little explaining to do at the budget ratification meeting. But whether the application of the WCIOA budget provision at RCW 64.90.525 is simple or not depends upon whether you are working with an HOA or Condo. Below are some highlights of the differences you may have to explain to owners. read more

The Insurable Interest Vortex

There is a roadside attraction in Oregon called the Oregon Vortex, where purported paranormal forces cause a number of optical illusions and oddities. It is definitely on my bucket list of Pacific Northwest attractions I want to visit. I have, however, made several visits to what I call the "Insurable Interest" vortex. While I doubt paranormal forces are at work with this vortex, it is worth a word of warning. read more

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