Barker Martin

Condo-HOA Blog - Association General Counsel

The Power of the ARC

As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or "ARCs" for short). read more

What do Your Rules Say about Your Community?

A lot has been said about community association rules, but most of these discussions center on the content of the rules as opposed to the overall language used or impression the rules give to owners within the community. Yet, there is another aspect of rules to consider. A good set of rules conveys not only what is permissible in a community, but says something about the character of a community. read more

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

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