We are often asked whether a condominium association may prohibit cigarette smoking in common areas, or in units or single family homes. Now that using marijuana is legal in Oregon and Washington, some associations are wondering if they can or should specifically ban marijuana usage too. There are several things to consider. Here are a few of the highlights to begin the discussion. read more

We have been writing quite a bit over the last couple of years about the evolving legal landscape of first-party insurance claims in the Pacific Northwest. As more community associations that are otherwise outside of the window to bring construction defect claims for property damage instead bring claims under their own historical insurance policies, courts are getting more of an opportunity to address key issues. read more

Most insurance policies contain some form of "cooperation" provision. These provisions exist in both first-party insurance policies (e.g. property policies) and third-party policies (liability policies). When an insured files a first-party claim or tenders a third-party liability claim to its insurance company, the insurance company will often ask for the insured to "cooperate." Generally speaking, the insured must acquiesce to the reasonable requests for cooperation from the insurance company. That being said, there are situations where the insured should tread lightly. read more

A couple of years ago Barker Martin anticipated that hoarding would be an issue for community associations to contend with under laws like the Americans with Disabilities Act and Fair Housing Act. Since then, the issue has continued to garner greater attention in its effect on the community at large. read more

In almost every walk of life, knowledge is something people seek to obtain. Francis Bacon famously, and succinctly, coined the phrase "knowledge is power." But in the topsy-turvy world of insurance, another famously succinct phrase may be more applicable, "ignorance is bliss." (Thomas Gray). read more