Barker Martin

Condo-HOA Blog - Covenants

Possession after Judicial Foreclosure

Recently, the Division 1 Court of Appeals of Washington issued its opinion in the case of Viewcrest Condominium Association v. Robertson, 2016 WL 7470025 (December 27, 2016). The decision by the Court in Viewcrest will need to be considered when evaluating collection of delinquent condominium assessments in Washington. read more

Tree Trouble - Part I, Timber Trespass

One aspect of real property law that I find interesting is how some of the nastiest legal disputes are between neighboring property owners. On one hand, it would seem incumbent upon neighbors to be friendly and cooperative to one another because they are forced to interact regularly. On the other hand, the likelihood, or at least opportunity, for disputes seems to increase proportionately the closer people live to one another. read more

What Should You Trust In After a Volatile Election?

I don't know if you remember this, but there was an election recently that was rather volatile. Whether you are happy or unhappy with the outcome, the question on everyone's mind is: What happens next? How will our government change? How will we be governed? The final answer to those questions will not be known for some time, but what we do know is that whatever the intent, significant change in policy will be tempered and guided by our country's Declaration of Independence, the Constitution, laws and the multitude of checks and balances inherent in the structure of our democracy. Those fundamental concepts or "governing documents," to use a term of art, form the core of our democracy. They provide our country with stability and allow our country to transfer power relatively peacefully, no matter how contested the election. read more

I Don't Think We're in Kansas Anymore

Kansas, of course, is in the heart of Tornado Alley and home to the most famous tornado of them all: the one that swept Dorothy into the Land of Oz. Recently, however, Oregon and Washington felt the effects of multiple tornadoes. Two tornadoes touched down in Oregon in October. Tornado warnings were also issued for several cities in Washington. The tornadoes and strong winds wreaked havoc on homes across Oregon and Washington. Although not frequent, tornadoes do occasionally touch down in both Oregon and Washington. Because we are not accustomed to tornadoes, many are probably wondering whether their homes and associations are covered. Fortunately, property damage caused by strong winds and tornadoes are typically covered under standard homeowner policies. To be safe, a simple phone call to your broker or agent will confirm the coverage. read more

Election Season

(Don't worry. No discussion of the Presidential race which means it's safe to read on.) Many community associations are preparing to elect new directors this time of year. As you approach elections, I offer a couple of observations for comprising a board of directors. read more

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