Since I worked as in-house counsel for a debt collection agency prior to joining Barker Martin, I find I am uniquely situated to provide input on whether to turn a particular account over to a collections attorney or to collections agency to recover the delinquent amounts owed to an Association. read more

Has your condominium or HOA declaration been amended fifteen times? Are you tired of page after page of references to a declarant or developer that has been out of the picture (or out of business) for years, or even decades? Is your association's declaration so old, poorly recorded or otherwise hard to read, that parts are virtually illegible? Do you suspect that portions of your declaration conflict with current law? If you answered yes to one or more of the above questions, you should probably consider the Mother of All Amendments—an amended and restated declaration. read more

Last week, we discussed how delinquencies affect owners and the lots or units they own. This week, we discuss the effect of bankruptcy, sales and foreclosures on the personal obligation or liens. Generally speaking, an owner's bankruptcy affects the owner's personal obligation to pay the amounts becoming due on or before the bankruptcy filing date, but does not impact the Association's lien against the unit or lot, unless additional steps are taken in the bankruptcy case. If the owner wants to try to remove the lien as part of the bankruptcy case, the Association is entitled to notice of the motion and can object. If an Association receives a bankruptcy motion, legal counsel should be contacted immediately to discuss the Association's options. read more

Under state law in Washington and Oregon, Condominium and Homeowner Associations have the authority to adopt and amend budgets, and levy and collect assessments from owners for the common expenses. But it can be confusing what happens when an owner does not pay the assessment. This two-part article discusses the personal obligation of the owner to pay the assessment and the lien that is created when the assessment is not paid. Next week will discuss the effects of sales, foreclosures and bankruptcy on both the personal obligation and the lien. read more

It is both eerie and remarkable to observe the smoke blanketing the Duwamish river, Port of Seattle and SoDo. However, the smoke is more than just a curious sight or eye irritant. It is a signal of inconvenience, hardship and even danger for some fellow members of our community, particularly those that live close to impacted areas. read more