Barker Martin

Condo-HOA Blog - Association General Counsel

The Washington HOA Political Yard Sign Minefield

Election season has returned. Although, when is it not election season? This year's presidential campaign promises to be one of the most contentious in living memory, and there are a number of state and local candidates and ballot measures that promise to be very divisive as well. Moreover, there are political issues that are critically important to our friends and neighbors, even if those issues are not directly on the ballot. Many owners will want to display signs in support of candidates, campaigns, or issues on their Lots, Units, or in their Limited Common Elements. read more

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

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