Barker Martin

Condo-HOA Blog - Community Association Collections

What is the Guarantee in a Guaranteed Maximum Contract?

Associations facing repair projects are often given the option of entering into a guaranteed maximum contract or G-Max contract with their contractor. These contracts are common for repair projects, whether the repairs are required because of defects and damage or because the component is at the end of its useful life. The implication that a guaranteed maximum contract caps the maximum amount your association will have to pay sounds great and can be a useful method of controlling costs. But, you should be aware that the guarantee is not absolute. read more

Unpaid Assessments: Liens & Personal Obligations - Part II

Last week, we discussed how delinquencies affect owners and the lots or units they own. This week, we discuss the effect of bankruptcy, sales and foreclosures on the personal obligation or liens. Generally speaking, an owner's bankruptcy affects the owner's personal obligation to pay the amounts becoming due on or before the bankruptcy filing date, but does not impact the Association's lien against the unit or lot, unless additional steps are taken in the bankruptcy case. If the owner wants to try to remove the lien as part of the bankruptcy case, the Association is entitled to notice of the motion and can object. If an Association receives a bankruptcy motion, legal counsel should be contacted immediately to discuss the Association's options. read more

Unpaid Assessments: Liens & Personal Obligations - Part I

Under state law in Washington and Oregon, Condominium and Homeowner Associations have the authority to adopt and amend budgets, and levy and collect assessments from owners for the common expenses. But it can be confusing what happens when an owner does not pay the assessment. This two-part article discusses the personal obligation of the owner to pay the assessment and the lien that is created when the assessment is not paid. Next week will discuss the effects of sales, foreclosures and bankruptcy on both the personal obligation and the lien. read more

Wildfires

It is both eerie and remarkable to observe the smoke blanketing the Duwamish river, Port of Seattle and SoDo. However, the smoke is more than just a curious sight or eye irritant. It is a signal of inconvenience, hardship and even danger for some fellow members of our community, particularly those that live close to impacted areas. read more

It's That Time of Year Again…

As the leaves begin to change and the temperature begins to drop, that can only mean one thing… Fantasy Football is back! Ok, perhaps not the answer you were expecting. It is estimated that more than 59 million people will participate in some form of fantasy football this year. Personally, I look forward to taking the money of my friends and coworkers. Our Seattle office will continue to pick every Seahawk (including the beer vendor and Ciara) long before the experts predict. I'd say it is like taking candy from a baby, but as a parent I know that is not an easy task. read more

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