The Washington Condominium Act (WCA) implied warranties are again under attack by some in the building industry. In the 1990s and early 2000s there was a glut of terrible construction that resulted in huge repair costs and a lot of litigation. The WCA warranties provided recourse for many owners with construction defects during that time. The warranties have also forced the construction industry to raise the "industry standard" when it comes to quality construction. Removing such protections would pave the way for a repeat of past mistakes read more

One of the benefits of being general counsel for many community associations—both HOAs and condos—is that we can recognize frequently misunderstood, confusing and difficult issues, and help our clients avoid them. One misunderstanding that arises quite frequently is the failure to properly distinguish between directors and officers. With election season approaching for many of you, we thought a short discussion about a few director v. officer distinctions might be helpful.* read more

The last week saw high winds, power outages, and colder temperatures sweep into the Pacific Northwest, announcing that winter is on its way. For condominium owners, cold weather brings a variety of risks that, if left unaddressed, can impact not just their own unit, but the units of their neighbors. Thankfully, there are a number of simple steps owners can take to avoid these risks and make in through winter unscathed. read more

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