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• Better a Dead Horse Than a Dead Claim

  2021-09-17 09:28:58

  In about five minutes, you are going to think to yourself, "I feel like I've heard this from him before." Allow me to save you the trouble, what I am going to say I have definitely said before.

• Update: Collections During a Pandemic

  2021-01-11 08:49:15

  Many associations have inquired whether they can take any collections action during this pandemic. Neither Federal or Washington or Oregon State laws, prohibit an association from sending delinquency notice letters, recording liens, or filing lawsuits.

• Volatile Elections - The Aftermath

  2020-12-17 12:24:47

  I don't know if you remember this, but there was an election recently that was rather volatile. With volatility comes uncertainty and unease and we are left to wonder where we should look for certainty and guidance. At the national level we must look to our country's foundational documents and laws including the Declaration of Independence, the Constitution, and the laws and the multitude of checks and balances inherent in the structure of our democracy. Those fundamental concepts or "governing documents," to use a term of art, form the core of our democracy. They provide our country with stability and allow our country to transfer power relatively peacefully, no matter how contested the election.

• Welcome Sam!

  2020-12-03 09:34:27

  Hey everyone, as we slide into these last few weeks of 2020, there are few things that we will miss about this year. But as bad as it has been, we were very lucky to have so many of you as clients and others as community manager partners in our joint representation of community associations. So first, we wanted to say a big thanks from all of us at Barker Martin for making our 2020 quite positive in that respect. And for keeping us busy! And speaking of busy, we are so excited to announce that Samantha Brown has joined our general counsel group!

• Collections During a Pandemic

  2020-09-17 14:59:45

  Many associations have inquired whether there are any restrictions in taking collections action to recover unpaid assessments. Currently, the Cares Act and other federal laws do not prevent associations from proceeding with collections, including initiating a personal obligation or foreclosure lawsuit. Likewise, there is not a Washington or Oregon state law preventing an association from sending delinquency notice letters, recording liens, or filing lawsuits.

• Online Forums

  2020-09-10 12:32:44

  From time to time, someone will forward me a community association question based on something they read in an online forum. Far too often, people posting to these forums start a post with something like this: "Our association's attorney said we should…."

• Condemnation (But Not In The Biblical Sense)

  2019-06-13 15:09:58

  When the government needs land to widen a highway, install a power line, extend light rail or build a runway, it just takes it from the surrounding landowners. Is this fair, or legal? I don't know about fair, but it is legal.

• Misadventures in Rulemaking

  2019-05-30 16:10:07

  Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible.

• Do You Swear to Tell the Truth, the Whole Truth, and Nothing but the Truth . . .

  2019-04-18 14:40:49

  There are a number of ways an upset homeowner could choose to express their discontent with their association, the board, or another resident. They could raise concerns at a meeting, complain in writing, or even run for the board to try to make policy changes. Instead, unfortunately, sometimes they choose to interrupt, disrupt, shout over others, and generally hijack the meeting. One way we've seen this play out is when an owner insists upon recording a meeting.

• Security & Privacy Meet in the Hallway

  2019-04-04 14:27:55

  Incorporating technology into our homes is big, big business in the Unites States. Where once we were clapping at our lamps, now we can control virtually everything inside and outside of the home with the sound of our voice or apps on our phones. As part of this growing trend, video doorbells have become immensely popular, and offer real-time video and audio streams, as well as cloud-based recording. Companies like Ring, August, Nest, and Honeywell have a wide variety of devices with near limitless options.