Barker Martin

Condo-HOA Blog

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

Child's Play

The HOA Act states that, unless otherwise provided in an association's governing documents, an association may adopt and amend rules and regulations. RCW 64.38.020(1). With such broad authority, how does a board know if a rule goes too far? Is there a rule of thumb? read more

Sidewalks: Keeping Your Liability off the Streets

It's an all too familiar story: a store customer slips on spilled liquid in an aisle, is injured in the fall, and sues the store. Whether the customer can hold the store responsible depends on a variety of specific facts, including whether the store knew or should have known about the spilled liquid before the customer fell, and whether the store took steps to protect customers from potential falls. In the legal realm, this is called "premises liability" - meaning a property owner can be held responsible for injuries sustained by guests, invitees, and, sometimes, even trespassers. read more

Automatic Bankruptcy Stay

This week, I am digging deeper into the bankruptcy world to discuss the Automatic Bankruptcy Stay. I'm guessing you are not a stranger to this term and that at some point you have been told that you cannot do "XYZ" because of the Automatic Bankruptcy Stay. But, what is that? read more

Buyer Beware

The Washington Condominium Act (WCA) implied warranties are again under attack by some in the building industry. In the 1990s and early 2000s there was a glut of terrible construction that resulted in huge repair costs and a lot of litigation. The WCA warranties provided recourse for many owners with construction defects during that time. The warranties have also forced the construction industry to raise the "industry standard" when it comes to quality construction. Removing such protections would pave the way for a repeat of past mistakes read more

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