Barker Martin

Condo-HOA Blog - Condominium Attorney

Neutrality

Association boards deal with a variety of unit owner behaviors and personalities. Some are positive, some are negative, and some are downright inexplicable. This can lead to both real and perceived bias. read more

New FHA Rules to Create New Association Duties

On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of residents who harass or create a hostile environment for other residents. read more

The Business Judgment Rule

Community Association board members frequently ask, "What is the standard we're held to when we vote and make decisions?" The standard of conduct in Oregon and Washington is colloquially known as the "Business Judgment Rule." Application of the Business Judgment Rule comes into play in nearly all board decision making from deciding how far to pursue a collections matter to selecting a contractor for multimillion dollar repairs to raising or lowering monthly assessments. read more

The Price is Wrong

As a kid, whenever I was home sick I'd be faced with the inevitable problem faced by thousands in my situation: what to watch on daytime television. As soap operas were not my speed, I'd almost always settle on game shows. My favorite, like many, was the Price is Right. Some days I'd be lucky enough to catch my favorite part of the show; the $1 bid. When the other contestants grossly overestimated the value of the showcase, the entire audience (and one sickly kid watching from home) would be yelling for the contestant to bid $1. A victory for that contestant felt like a victory for all of us. read more

The Blame Game

Most of us can be quick to point fingers. It might be a fender-bender, an overcooked hamburger, or losing the Superbowl on the last play of the game - I know my first instinct is to figure out who is to blame for my suffering. In life, this instinct may be correct most of the time. If someone hits your car, you call the cops then expect the other driver's insurance to pay to fix it. If your hamburger is burned, you send it back and blame the chef. read more

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