Having tried over 60 trials to verdict, litigated at least a couple hundred more and counseled clients on perhaps five hundred disputes over the past 20 plus years, it took me until the last few years to understand a very important concept involving legal disputes: The best route to resolution—like water—is the path of least resistance. read more

Over the years, Barker Martin has represented many community associations in claims for construction defects and insurance claims. We're proud of our track record in representing homeowners, condo and homeowner associations. The financial impact and hardship that results when a community association faces repairs due to construction defects or significant damage and deterioration is a serious problem for both new and older communities. Repairs are expensive, in some cases expensive enough to result in unpaid assessments and foreclosure. For some owners, the outcome of a construction defect or insurance claims dictates whether or not they can stay in their home. We take that seriously. read more

One of the unavoidable realities of being an owner at a condominium association is the obligation to pay membership dues. Typically, a condominium's board of directors will levy an annual assessment based on a budget that has been ratified by the association's members. The annual expenses will then be assessed to owners and divided according to each unit's percentage of "common expense liability" or "allocated interests." Such dues are usually payable on a monthly basis. read more

In what appears to be the final word on claims for negligent construction, the Oregon Supreme Court ruled last week that such claims must be brought within two years of "discovery." In Goodman v. Kingman Plastering, Inc. (2016), the Supreme Court effectively overruled Riverview Condo. Ass'n v. Cypress Ventures (2014), a recent (lower) Court of Appeals case that ruled that negligent construction claims needed to be brought within six years of discovery. read more

The lien priority that associations enjoy and regularly rely on is being threaten. Both Washington and Oregon have laws in place that give condominium associations a lien priority for unpaid assessments when a unit goes through a foreclosure. RCW 64.34.364 and ORS 100.450. In addition, some associations attempt to establish lien priority in their governing documents. These super-priority liens are vital to each association's economic well-being, which is why it is so surprising that they are being attacked by the federal government. read more