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• Good News for Good Boards from the Supreme Court of Washington

  2022-03-08 09:10:43

  Late last week, the Washington Supreme court issued a split opinion in Surowiecki v Hat Island that means good news for good boards (and great news for my partner, Jeremy Stilwell, and our client!) In the landmark case, the court adopted a standard by which community association board decisions are judged that should provide good board members with some peace of mind

• OR Nondiscrimination Declaration

  2022-02-18 12:45:41

  In 2021, the Oregon legislature enacted House Bill 2534-A ("HB 2434-A"), which prohibits discrimination based on "race, color, religion, sex, sexual orientation, national origin, marital status, familial status or source of income" with respect to housing and applies to recorded instruments governing residential communities, namely an association's declaration and bylaws. HB 2434 also provides that any provision in an instrument executed in violation of the above section is void and unenforceable.

• Nonprofit Act Changes

  2022-01-24 09:14:44

  As of January 1, 2022, Washington State has a new law that applies to all domestic and qualified foreign nonprofit corporations (such as most condominiums and homeowners associations).

• Budget Season

  2021-11-19 13:24:58

  'Tis the season. No, not the holidays, but the association budget season. That joyous season where managers and directors work tirelessly to develop a workable, responsible budget and get little or no appreciation for their efforts.

• A Road is a Road

  2021-10-29 12:25:48

  Our general counsel group often gets questions from clients about their Association's authority to deal with roads in their communities. Whether the question is about speed limits, parking, towing, or just improving the roadway, the question always requires us to make a number of determinations before being able to answer the question. Following these steps and trying to determine the answers to these questions before contacting counsel may even help communities resolve the ultimate issue with little legal intervention (and less expense!).

• Paying Association Board Members

  2021-10-15 10:04:05

  With budget season upon us, I always receive a few calls or emails inquiring about paying board members for serving on the board. I get it, it can often be a very big responsibility and is often a thankless position.

• 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.

• A Summer of Changes: ACC Regulations in Your Community

  2021-08-06 06:29:24

  As summer ambles on and the pandemic lingers more homeowners are making changes to their homes than ever before. While this is often a good thing, it can turn ugly and litigious very quickly. No one likes to be told what they can and cannot do to their home! This is especially true if your association does not have proper rules and procedures in place to regulate homeowner changes. HOAs and Condos alike should have ARCs or ACCs (architectural review/control committees) set up to ensure that any work done is consistent with the community, does not reduce neighbors' home values, and does not jeopardize or impede any common areas/elements or limited common areas/elements.

• Washington Associations: Collections Update

  2021-07-23 09:00:03

  Recently, there have been two major changes in Washington law that impact association collections. On July 13, 2021, the Washington Governor rescinded Proclamation 20-51 effective as of 11:59 p.m. on July 24, 2021.

• Don't Avoid Issues, Investigate Them and Consider Options

  2021-06-04 09:12:40

  People often focus on the negative ramifications associated with litigation. It can be costly, time consuming and often not the most efficient method of resolving disputes. Associations will sometime actively avoid dealing with an issue because it might result in litigation and often fail to consider the ramifications of not pursuing, or at least considering, litigation. For example, associations will sometimes avoid investigating the extent of a problem because they fear what they might find. An association may become aware of water intrusion and avoid investigating the extent of their problem, fearing it might lead to extensive repairs, insurance claims and perhaps litigation. Avoiding the issue will never make it go away. Associations do not avoid issues by ignoring them. The issues and resulting damage compound while the options for relief become more limited. Eventually, a potential insurance claim or litigation is barred by applicable statutes of limitation and repose. Increased damages and no ability to pursue relief is not a good combination.