We serve as general counsel to condominium and homeowner association. General counsel services include drafting resolutions, attending and chairing owner meetings, providing legal advice and opinions to the board of directors, and all other legal issues that arise in community associations.

If your governing documents are old, drafted by the developer, or merely unintelligible, one of our lawyers will perform a thorough review of your documents.  Governing documents include the Declaration or CC&Rs, Bylaws, Articles of Incorporation, Rules and Regulations and Resolutions. We understand the laws governing homeowner associations (HOAs) and condominiums in Oregon and Washington. The review concludes with written recommendations on which sections or articles should be modified or deleted, along with the reasons why. Our law office also assists with electronic voting, finalizing and recording amended documents with the county records office.

Your home is your most important and valuable asset.  If your home has construction defects we will assist you with claims against the developer or builder to recover the money necessary to fix your home.  In most cases, Harker Law will litigate your construction defect claim on a contingent fee basis.

Floating homes and moorage communities are governed by particular statutes.  The nature of these types of communities requires specialized knowledge and expertise.  Harker Law represents floating home and moorage communities in Oregon and Washington.  Some of the services we provide include: revisions and reviews to bylaws, drafting of membership or slip certificates, enforcement, and general litigation.

Over time, governing documents become outdated or unworkable. We’ll help you identify which provisions in your governing documents should be amended. Once identified, we’ll draft the amendment and help the association get the votes necessary for the amendments to pass.

We draft a variety of different types of easements for land owners, including access easements, utility easements, air space easements, and easements to resolve encroachments.

Anytime you purchase real estate with another individual or entity, you should have a joint ownership agreement in place to govern the relationship between the co-owners.

Sometimes disputes with a neighbor can only be resolved with attorneys and court intervention. We work with expert surveyors to resolve these cases.

Kevin has litigated dozens of adverse possession and prescriptive easement cases. These types of cases can be challenging, but with over 20 years of court room experience, Kevin can help you navigate these claims.

Most homeowner associations and condominiums experience owners who violate the rules and governing documents. Harker Law will assist your association with compliance and enforcement.

Land sale contract, or seller-carried agreements, allow a buyer and seller to convey ownership without a traditional lender involved. We draft these types of agreements regularly and can assist you with this type of transaction.

Buying a home or condominium is one of the most important decisions you’ll make.  Our firm will review the CC&Rs, Bylaws, reserve funding, and association meeting minutes. Based on our review, we provide potential buyers with an opinion on the “health” of the community.

We represent buyers and sellers when claims arise out of residential real estate transactions. Those claims include failing do disclose material facts, earnest money disputes, and breach of purchase and sale agreements.

Sometimes, owners in community association refuse to pay their assessments. We help associations collect delinquent assessments through personal judgment lawsuits or foreclosure of the association’s lien.