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

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

One of the benefits of being general counsel for many community associations—both HOAs and condos—is that we can recognize frequently misunderstood, confusing and difficult issues, and help our clients avoid them. One misunderstanding that arises quite frequently is the failure to properly distinguish between directors and officers. With election season approaching for many of you, we thought a short discussion about a few director v. officer distinctions might be helpful.* read more

Since I worked as in-house counsel for a debt collection agency prior to joining Barker Martin, I find I am uniquely situated to provide input on whether to turn a particular account over to a collections attorney or to collections agency to recover the delinquent amounts owed to an Association. read more

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