In both Washington and Oregon, community associations that have lien rights for nonpayment of assessments have two options when considering foreclosing on units or lots: judicial or non-judicial foreclosure. Whether a foreclosure is judicial or non-judicial is significant as each have their own processes, procedures, and timelines for terminating the owner's ownership interest in the property. read more

Water events are common. Roof leaks, window failures, plumbing leaks, failed hot water tanks and dishwasher melt downs are going to happen. The only question is when. Sometimes the problem is discovered immediately and sometimes a leak can be hidden, resulting in significant damage prior to discovery. read more

I think we can all agree that social media is becoming more and more pervasive. What used to be an occasional diversion to reconnect with high school friends, has become a significant source of news and social and political engagement for everyone from the Greatest Generation to Gen Z'ers. Of course, this includes homeowners and board members, many of whom believe social media should be a public square to discuss and debate association issues, and even to allow owners to air grievances. However, whether or not social media is a good thing for community associations is debatable. read more

If an Association fails to act in a timely matter, its suit will be lost forever. read more

Under Oregon state law, condominium associations and homeowner associations have an automatic lien against the unit or lot for unpaid assessments. In Washington, a condominium association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. Unfortunately for Washington homeowner's associations, the state law is silent and does not specifically provide that the homeowner's association has a lien against the lot for unpaid assessments. However, most of the time, the association's specific governing documents will create a lien for the unpaid assessments. For Washington homeowner's associations, you will need to look at your association's governing documents to determine whether your association has a lien for unpaid assessments. read more