Barker Martin

Condo-HOA Blog - Washington Hoa

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

Complete Coverage Should Not Be an Alien Concept

I recently read an article stemming from NASA's discovery of seven exoplanets, three of which may support life. The article discussed an insurance company called Budget Insurance that is now issuing policies protecting policyholders against alien invasion. After doing some digging, I also discovered that another insurer is selling alien abduction insurance. The latter company has already sold more than 30,000 policies (I was unable to verify whether any of the policies have paid out). read more

Legislative Alert

The 2017 Washington State legislative session commenced on January 7, 2017 and is in full swing. It's expected to be another active session involving condominium and homeowner associations. Hearings are already taking place and bills are being introduced. read more

Tree Trouble - Part I, Timber Trespass

One aspect of real property law that I find interesting is how some of the nastiest legal disputes are between neighboring property owners. On one hand, it would seem incumbent upon neighbors to be friendly and cooperative to one another because they are forced to interact regularly. On the other hand, the likelihood, or at least opportunity, for disputes seems to increase proportionately the closer people live to one another. read more

I Don't Think We're in Kansas Anymore

Kansas, of course, is in the heart of Tornado Alley and home to the most famous tornado of them all: the one that swept Dorothy into the Land of Oz. Recently, however, Oregon and Washington felt the effects of multiple tornadoes. Two tornadoes touched down in Oregon in October. Tornado warnings were also issued for several cities in Washington. The tornadoes and strong winds wreaked havoc on homes across Oregon and Washington. Although not frequent, tornadoes do occasionally touch down in both Oregon and Washington. Because we are not accustomed to tornadoes, many are probably wondering whether their homes and associations are covered. Fortunately, property damage caused by strong winds and tornadoes are typically covered under standard homeowner policies. To be safe, a simple phone call to your broker or agent will confirm the coverage. read more

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