Barker Martin

Condo-HOA Blog - Governing Documents

What's Your Authority?

I was reminded this week of a common pitfall: Don't choose your authority to fit the argument you're trying to make at the time. read more

No, You Don't Own Your Condo Parking Spot

A relatively common request fielded by condominium associations is from owners wanting to sell their parking spot to another owner. While many owners may believe they own their parking space, parking spaces are almost universally classified as limited common elements that are assigned to a particular unit. While this means unit owners have many of the rights of ownership related to their parking space - such as preventing other vehicles from using the space - from a legal standpoint, they do not own title to the space. read more

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

Lien for Unpaid Assessments

Under Oregon state law, condominium associations and homeowner associations have an automatic lien against the unit or lot for unpaid assessments. In Washington, a condominium association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. Unfortunately for Washington homeowner's associations, the state law is silent and does not specifically provide that the homeowner's association has a lien against the lot for unpaid assessments. However, most of the time, the association's specific governing documents will create a lien for the unpaid assessments. For Washington homeowner's associations, you will need to look at your association's governing documents to determine whether your association has a lien for unpaid assessments. read more

Elevator Pitch

I recently read an article published by U.S. News & World Report titled, How to Win a Fight With your Condo Association - Without Going Broke by Teresa Mears. The article includes some solid guidance. A more accurate but less flashy title might have been - How to influence Association Policy - Without a Fight. read more

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