Barker Martin

Condo-HOA Blog - Homeowner Association Lawyers

Election Got'cha!

This is the time of the year when many community associations hold board member elections. The process is easy, right? The association identifies the number of open positions, solicits nominations, sends out a meeting notice with candidate information and proxies in accordance with the governing documents (usually bylaws), and conducts the meeting following protocols outlined in the governing documents or Robert's Rules. If applicable, nominations are taken from the floor, and after giving the candidates an opportunity to briefly speak and answer questions, the vote is taken and the candidate or candidates who receive the highest number of votes, win(s). Easy, right? Not necessarily. read more

Discover the Truth About Your Contractor

A recent newspaper article warned homeowners of an inspector who had been fined more than $80,000 by Oregon's Construction Contractors Board (or "CCB") for performing illegitimate inspections and using the license number of an inspector who had the same first and last name. It is a reminder that licensure comes with important consumer protections, including insurance and bond requirements and other reporting obligations intended to put owners on notice of a history of problems. read more

You Won the Election, Now What?

Congratulations! You threw your hat in the ring, ran a vigorous issues-based campaign promising to shake up the establishment, and ultimately won a seat on your association's board of directors. Once the champagne stops flowing, consider the following tips to get your term off to a productive start. read more

Limited Common Elements

Are we dealing with part of a unit, the common elements or a limited common element? This is often the first question when analyzing maintenance, repair and replacement responsibilities in a condominium. That question also often relates to: Who pays? read more

Many Shades of Grey

One of the main reasons I love practicing common interest community law is its newness. Compare condominium law to, say, contract law, which can be linked thousands of years all the way back to the Babylonian Code of Hammurabi (est. 1792-95 BC). Or what about Normative or English Common Law, that also trace back centuries? read more

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