Barker Martin

Condo-HOA Blog - Hoa Rules

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 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

Housing Opportunity Through Modernization Act of 2016

Following the real estate collapse in 2008 and subsequent recession, the United States Department of Housing and Urban Development ("HUD") and the Federal Housing Authority ("FHA") imposed detailed and restrictive requirements in order for the FHA to provide mortgage insurance on condominium loans. As a result, many condominiums were no longer in compliance with FHA regulations, and potential buyers could not qualify for the much more attractive FHA and other governmentally backed financing. The downturn in the real estate market and buyers' increased difficulty in obtaining condominium financing contributed to large financial institutions shifting their focus from financing development of condominiums to financing apartment projects. read more

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