Barker Martin

Condo-HOA Blog - Covenants

The Power of the ARC

As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or "ARCs" for short). read more

The Mother of All Amendments

Has your condominium or HOA declaration been amended fifteen times? Are you tired of page after page of references to a declarant or developer that has been out of the picture (or out of business) for years, or even decades? Is your association's declaration so old, poorly recorded or otherwise hard to read, that parts are virtually illegible? Do you suspect that portions of your declaration conflict with current law? If you answered yes to one or more of the above questions, you should probably consider the Mother of All Amendments—an amended and restated declaration. read more

Unlike Riding a Bike

Recently, I bought new mountain bike, after not owning a bike for years. When the bike arrived, I unpacked it, put it together, bolted on the wheels and handlebars, hopped on and just rode off. People often say you never forget how to ride a bike to mean that, once learned, certain skills never go away. Sadly, that same phrase does not apply to many aspects of managing associations. While a manager's skills endure and improve, the facts and issues for each project, and even within the same project, can differ significantly. It's a bit like the difference between knowing how to ride a bike in general and knowing how to operate a specialized piece of equipment like a track bike or downhill mountain bike, yet that analogy even falls a bit short. 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

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