The lien priority that associations enjoy and regularly rely on is being threaten. Both Washington and Oregon have laws in place that give condominium associations a lien priority for unpaid assessments when a unit goes through a foreclosure. RCW 64.34.364 and ORS 100.450. In addition, some associations attempt to establish lien priority in their governing documents. These super-priority liens are vital to each association's economic well-being, which is why it is so surprising that they are being attacked by the federal government. read more

At the end of the month, our Portland office will be moving to a new location. Like any move there is always an element of joy and a modicum of pain. We are overjoyed with the new location and the new space. As many of you can relate, moving comes with a fair amount of work. Offices can accumulate as much junk as any homeowner can and weeding through can be a painful task. In my effort to help clean up the office, I found a package of ramen noodles that expired in 2012. That is two full years before I even started working at Barker Martin! (I apologize to any former employee who was saving those for a special occasion). read more

Bilanko is the most recent addition to the ongoing saga in Washington law and the enforceability of condominium declaration amendments under the WCA (RCW 64.34). Bilanko involved a homeowner challenge to the enforceability of a declaration amendment that restricted unit rentals. In a unanimous decision, the Washington Supreme Court held the unit owner's challenge untimely and time barred under RCW 64.34.264(2), which requires any challenge to the validity of an amendment to be brought within one year of the amendment's recording. The Washington Supreme Court did not explicitly overturn Fillmore or Club Envy, but certainly limited the application of those decisions to many existing declaration amendments. At first glance, the case may appear to validate amendments recorded at least one year ago absent fraud or wrong doing. Unfortunately, as is often the case (pun intended), the Bilanko decision isn't quite that straight forward. Associations who have recorded statements or included language in resale certificates nullifying or declining to enforce prior amendments as a result of Filmore, however, should definitely revisit the issue in light of this case. read more

As my wife is apt to do, she recently gave our house a good spring cleaning. Luckily (for me), I wasn't home. The first sign I had that the purge was underway was when I pulled into the driveway and opened the garage door. There was a rather large plant (fake apparently) taking a prominent spot near the garbage. I asked my wife where the plant came from. Much to my surprise, the plant had been residing in the corner of my bonus room for several years. Despite the fact that I had entered that room every day for the past several years, I honestly could not remember ever noticing it. I'm sure at some point in my life I noticed the plant. Maybe it was on the first day, maybe the tenth, but I must have noticed it at some point. Like many things in our lives, the more we see them, the more they fade into the woodwork and fail to grab out attention. At this point, you are probably wondering what the heck this has to do with insurance. Bear with me. read more

Every year around this time, my family inevitably settles in to watch an all time Christmas classic: How the Grinch Stole Christmas! Of course, the thought of waking up on Christmas morning to find all of your presents stolen (not to mention the roast beast and the last can of Who-hash), would be sad indeed. But, imagine how sad the Whos would be if their homeowners insurance claims were later denied or severely limited? read more