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Legal Responsibilities of Association Board Members & Their Potential Liability
October 9th, 2013
Board Members of community Associations, just like corporate directors, are held to a legal standard of care in their conduct and decisions while serving on the Board. This standard of care applies in relation to the Association Members whom they rep…
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Categories: Homeowners' Associations
Associations Should Be Incorporated
September 20th, 2013
The vast majority of Associations are incorporated as nonprofit corporations. There are some Associations, however, that are not incorporated. This may be due to oversight or may be intentional in the case of some single-family residence Associations…
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Categories: Homeowners' Associations
Is There A Statute Of Limitations Applicable To Addressing Violations Of CCRs?
August 5th, 2013
I have Association clients whose (usually newer) Board members have decided to enforce their CCRs to resolve longstanding violations. They have asked me whether there is a “Statute Of Limitations” that might bar covenant enforcement action after…
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Categories: Homeowners' Associations
Wrongful Death Claims – The Loss Of A Loved One
June 15th, 2013
A serious injury caused by the carelessness or recklessness of another person is a terrible thing, but the untimely death of family member or loved one at the hands of negligent stranger represents a truly horrific loss and a tragedy of the very high…
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Categories: Personal Injury
COA Lien Foreclosure Eliminates Prior Mortgage Lien
May 1st, 2013
The foreclosure of Condominium Owners Association (“COA”) assessment liens can under some circumstances remove and eliminate a prior mortgage lien. In two recent Washington State Court of Appeals decisions the Court ruled that the COAs in those c…
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Categories: Homeowners' Associations
How To Interpret And Understand Community Covenants (“CCRs”)
January 10th, 2013
Association Boards (both Condominium and Single Family Residence communities) frequently struggle to understand the provisions of the CCRs that apply to their community. This particularly arises in the context of regulating questionable member activi…
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Categories: Homeowners' Associations
Homestead Exemption & Foreclosure of Association Liens
December 17th, 2012
A relatively obscure Washington statute (RCW 6.13.080) now requires Homeowner Associations (“HOAs”) to mail notice to its members explaining that no “homestead exemption” will be recognized if an Association lien for unpaid assessments is for…
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Categories: Homeowners' Associations
Injuries Occurring On Property Of Others – Premises Liability
May 9th, 2012
A. Common Law Classifications In the State of Washington personal injury claims resulting from unsafe or defective conditions on another’s premises (i.e., buildings, grounds and related facilities) always require consideration of the injured person…
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Categories: Personal Injury
The Tsunami
May 3rd, 2012
A Harley-Davidson motorbike, washed out to sea by last year’s terrifying Tsunami, made an astonishing journey across the north Pacific from Japan, landing on a remote, Canadian beach this week. The miracle story, complete with a Tsunami-survivor ow…
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Categories: Estate Planning
Association Board Meetings – Can They Be Confidential?
April 16th, 2012
ASSOCIATION BOARD MEETINGS – CAN THEY BE CONFIDENTIAL? Rules and procedures relating Association Board meetings are very different than those applicable to general membership meetings. A number issues can arise in this regard that I will address in…
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Categories: Homeowners' Associations