Barker Martin

Condo-HOA Blog - General Counsel

Government Affairs Alert

The Amateur Radio Parity Act (S. 1685) is scheduled for mark-up in the U.S. Senate Commerce Committee today (November 18). Your Senator serves on the Senate Commerce Committee and it is very important he/she hears from you today to oppose S. 1685. read more

Architectural Review Committees: When Silence is Not Golden

Although summer is the most popular season for construction and it is quickly coming to a close (I am not ready to admit it's over), architectural review committees ("ARCs") operate year-round to review and respond to architectural review committee applications. If you plan on serving on your association's architectural review committee (sometimes called "architectural control committees" or "ACCs"), we have a couple of important tips to keep in mind. read more

What Roger Goodell and the NFL Can Learn from HOAs

U.S. District Judge Richard Berman's recent voiding of New England Patriots quarterback Tom Brady's four-game suspension caused shockwaves across the NFL. Though the NFL has appealed the judicial ruling, Deflategate is, well, deflated and all but gone. There are, however, valuable lessons to be emphasized for homeowner associations. read more

An Update on Hoarding

A couple of years ago Barker Martin anticipated that hoarding would be an issue for community associations to contend with under laws like the Americans with Disabilities Act and Fair Housing Act. Since then, the issue has continued to garner greater attention in its effect on the community at large. read more

An Example of When to Contact Association Legal Counsel

The other day, I was contacted by an acquaintance who asked for my help changing his condominium's no-pet policy. He explained that he was a board member, and that their condominium's "bylaws" banned all pets. My first question was whether he wanted my assistance personally or as counsel for his condominium association, to which I received a bewildered look. After a bit more digging, I learned that the reason this person sought my counsel was because the other directors told him that if he wanted to change the bylaws, he either needed to prepare the documents himself or go get his own lawyer to prepare "the documents" for the condominium. The association would not pay for an attorney. The board's position was unwise for several reasons. read more

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