Condo-HOA Blog
Unapproved Tree Work Carries a Risk of Civil Penalties
The Pacific Northwest was built in large part on the back of a booming logging industry. Since those early days, the region is known for dense, wild forest lands and progressive forest management. The States of Washington and Oregon take trees very seriously. You may be aware of state laws that severely punish those who cut down trees without permission on the land of another. For example, ORS 105.810 and RCW 64.12.030 allow for triple damages against someone held liable for "timber trespass." read more
Don't Get Soaked by Flood Insurance
Last week I argued a case before the 9th Circuit Court of Appeals. My client owns a hotel on the Oregon Coast. Several years ago, a hundred year storm flooded the lowest floor of the hotel. My client participated in the National Flood Insurance Program, which is a FEMA backed flood insurance program. The majority of the claim was denied because the bottom floor of the hotel was deemed to be a "basement." The insurance company also argued that the proof of loss, which was submitted by the insurance company's agent, was not timely. The District Court agreed with the insurance company and held that despite the insurance company's appointed agent taking control of the process, essentially my client should have ignored the insurance company's instructions. read more
Collections Policies
Oregon and Washington state law authorize condominium and homeowners' associations to impose and collect late fees for late payment of assessments. In some cases, the association's declaration may state when an assessment is considered delinquent but often the declaration does not provide the amount of the late fee or how frequently it will be imposed. One way an association may establish the amount of the late fee is for the Board to adopt a collections policy. In addition to stating the amount of the late fee, the collections policy can also provide the interest rate that will be assessed, as well as provide clear, concise procedures for handling delinquent accounts. read more
Congratulations, Ali!
Please join us in congratulating our colleague, Alexis Ducich, on making partner! Those of you who have used us for collections or worked with Ali in any respect know that she is a great attorney and is dedicated to providing the highest level of collection services in Washington and Oregon. Ali has long been an invaluable member of the Barker Martin team and we are happy to call her our partner and friend. We look forward to working together for many years to come. If you are going to WSCAI's CA Day on Saturday, please come by our booth to say congrats - or join us after the event. (Details at the booth!) read more
Join Us In Welcoming....
Please join us in welcoming Bria Wedgeworth! Bria is an attorney based in our Seattle office and will primarily be assisting with general counsel related matters. Prior to joining Barker Martin, Bria worked on the Legal Integration Support team at T-Mobile assisting with the upcoming merger with Sprint. Bria attended John Marshall Law School in Chicago where she competed in several moot court and dispute resolution competitions, and also had the chance to study abroad in Switzerland! We are very excited to have Bria as part of the Barker Martin team! read more