Marysville Law Blog

Probate

“Probate” has become a word mixed with mystery and distrust. As a consequence, one of the statements I hear most often from my clients is, “I/we want to avoid probate”. The fear of this word has led many people to invest in expensive, overly… Read More
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Categories: Estate Planning

Adopting A Homeowners’ Bill Of Rights

Planned communities, whether Condominium or single-family-residence in make-up, can establish what is referred to as a “Homeowners’ Bill of Rights”. The purpose of such a Bill of Rights is to place limitations on the power of Association and it… Read More
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Association Voting Procedures For Adopting Budget And Fixing Assessments

In many Associations (both condominium and non-condominium communities) there is uncertainty, and sometimes major conflict, over the proper procedure by which annual Association budgets and assessments are adopted. The following questions arise: A. R… Read More
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CAN AN ASSOCIATION AMEND ITS CCRS TO RESTRICT RENTAL OF UNITS?

An issue that frequently arises in Condominium and Single Family Residence (“SFR”) planned communities is whether the rental of the units/homes can be prohibited or restricted. While there are still some unanswered questions regarding this issue… Read More
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Legal Responsibilities of Association Board Members & Their Potential Liability

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… Read More
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Associations Should Be Incorporated

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… Read More
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Is There A Statute Of Limitations Applicable To Addressing Violations Of CCRs?

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… Read More
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Wrongful Death Claims – The Loss Of A Loved One

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… Read More
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Categories: Personal Injury

COA Lien Foreclosure Eliminates Prior Mortgage Lien

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… Read More
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How To Interpret And Understand Community Covenants (“CCRs”)

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… Read More
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