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

Following the real estate collapse in 2008 and subsequent recession, the United States Department of Housing and Urban Development ("HUD") and the Federal Housing Authority ("FHA") imposed detailed and restrictive requirements in order for the FHA to provide mortgage insurance on condominium loans. As a result, many condominiums were no longer in compliance with FHA regulations, and potential buyers could not qualify for the much more attractive FHA and other governmentally backed financing. The downturn in the real estate market and buyers' increased difficulty in obtaining condominium financing contributed to large financial institutions shifting their focus from financing development of condominiums to financing apartment projects. read more

Last month the Oregon Supreme Court recognized and seemingly affirmed a strategy to reduce taxable property value due to the existence of construction defects. In Oakmont, LLC v. Oregon Dept. of Revenue (2016), the owner of an apartment complex valued at approximately $21million negotiated with the county assessor to reduce the taxable value by sixty and seventy percent respectively for two years. The owner sought a similar reduction for an earlier tax year based on the presence of a "likely error" in the assessor's valuation then, but was denied. 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