Since our enforcement hearing presentation at WSCAI's Made for Managers Day a couple of weeks ago, we have been getting a lot of feedback on the variety of procedures employed for community association enforcement hearings, generally with the question "is it okay to do it this way?" First, a big thanks to all of you who attended our presentation (and MFMD 2017 in general)! Second, the primary takeaway from our presentation and, for those of you who did not attend, for enforcement hearings in general is twofold: 1) Follow your governing documents; and 2) be reasonable. read more

It is often said that this U.S. presidential election has been the most polarizing election in modern times, if not all time. Because of the strong opinions on every side, more and more community associations are having to address not just the mere existence of these signs, but also the content. read more

WSCAI's CA Day is coming up on September 24! Please come see Dave Silver and Alexis Ducich speak about how to turn defensible enforcement matters into indefensible collections actions, or join Dan Zimberoff and others to learn about unit water events and how to handle them. Barker Martin attorneys will be at the booth all day. We look forward to seeing you! read more

In times of crisis, Boards generally try to solve the specific issue in front of them, sometimes overlooking basic principles and procedures. So the best time to focus on these basic principles and procedures is before a crisis. Those times may be few and far between, but just after the annual meeting at which new board members were elected is the perfect time for basic board training or, as we like to call it, Board Boot Camp. Boot Camp is also good as a refresher for incumbent board members. read more

Alternative Dispute Resolution or "ADR" is traditionally thought of as an "alternative" to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after a lawsuit has been filed as a way of attempting to settle cases before trial, ADR is quickly changing from "Alternative" Dispute Resolution to "Additive" Dispute Resolution. Instead of becoming an alternative to litigation, it has become an alternative to trial only. But this is not necessarily a bad thing, because while most people understand that they can file a lawsuit to assert their rights, few people understand whether they have a right to ADR methods or how to initiate them if they do. read more