Barker Martin

Condo-HOA Blog - Community Association Collections

Delinquency Notice Letters

As the lead attorney in Barker Martin's Collections Department, I am often asked whether an Association is required to send an owner a delinquency notice letter before turning an account over to an attorney for collections. While there is a requirement under Washington and Oregon state law to send budget notices to all owners, the Association is not required under state law to send a delinquency notice letter to an owner before turning the account over to an attorney for collections. However, as you may have suspected, an Association's governing documents may require that a notice be sent to an owner prior to turning over their account for collections. For example, the Association's Rules and Regulations may provide that a "delinquency notice shall be sent" prior to sending an account to an attorney for collections. Please note, Oregon state law and/or an Association's particular governing documents require the Association to send notice to an owner before commencing a foreclosure lawsuit; however, this article is focusing on whether a delinquency notice letter must be sent to an owner by the Association prior to contacting an attorney to assist with recovering the owner's unpaid assessments. 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

Foreclosure: Judicial vs. Non-Judicial

In both Washington and Oregon, community associations that have lien rights for nonpayment of assessments have two options when considering foreclosing on units or lots: judicial or non-judicial foreclosure. Whether a foreclosure is judicial or non-judicial is significant as each have their own processes, procedures, and timelines for terminating the owner's ownership interest in the property. read more

Water Damage: Do You Have A Plan? and Have You Communicated the Plan?

Water events are common. Roof leaks, window failures, plumbing leaks, failed hot water tanks and dishwasher melt downs are going to happen. The only question is when. Sometimes the problem is discovered immediately and sometimes a leak can be hidden, resulting in significant damage prior to discovery. read more

< Previous | Next >
Go to Page: