Barker Martin

Condo-HOA Blog - Governing Document Covenants

A Road is a Road

Our general counsel group often gets questions from clients about their Association's authority to deal with roads in their communities. Whether the question is about speed limits, parking, towing, or just improving the roadway, the question always requires us to make a number of determinations before being able to answer the question. Following these steps and trying to determine the answers to these questions before contacting counsel may even help communities resolve the ultimate issue with little legal intervention (and less expense!). read more

Volatile Elections - The Aftermath

I don't know if you remember this, but there was an election recently that was rather volatile. With volatility comes uncertainty and unease and we are left to wonder where we should look for certainty and guidance. At the national level we must look to our country's foundational documents and laws including the Declaration of Independence, the Constitution, and the laws and the multitude of checks and balances inherent in the structure of our democracy. Those fundamental concepts or "governing documents," to use a term of art, form the core of our democracy. They provide our country with stability and allow our country to transfer power relatively peacefully, no matter how contested the election. read more

Misadventures in Rulemaking

Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible. read more

Last Minute Budget Advice for Washington Communities

By now, many communities in Washington will already have prepared, and maybe even had budgets approved, for 2019, but we wanted to get in one last reminder that because WCIOA's budget section applies to all condos and HOAs, your budget may be a little different this year, and you may have a little explaining to do at the budget ratification meeting. But whether the application of the WCIOA budget provision at RCW 64.90.525 is simple or not depends upon whether you are working with an HOA or Condo. Below are some highlights of the differences you may have to explain to owners. read more

The Insurable Interest Vortex

There is a roadside attraction in Oregon called the Oregon Vortex, where purported paranormal forces cause a number of optical illusions and oddities. It is definitely on my bucket list of Pacific Northwest attractions I want to visit. I have, however, made several visits to what I call the "Insurable Interest" vortex. While I doubt paranormal forces are at work with this vortex, it is worth a word of warning. read more

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