It is hard to believe that I opened my law office fifteen years ago today. It was an exciting day, but it was also a terrifying one. Would the office succeed? I am so thankful that the answer has turned out to be a respounding yes! I look forward to providing my present and future clients with quality legal services for many years to come.        ..read more

There was recently litigation to determine which of two competing boards of directors of a community association had the right to access the association’s bank accounts. One of the litigants originally served on the association’s board as an appointed director and president. He and the other eight appointed directors failed to hold a timely election as required by the association’s bylaws. A small group of community members formed an election committee and collected signatures from 70 percent of the association’s members demanding that the board hold an election. The appointed board refused to ..read more

The Washington Court of Appeals recently affirmed a trial court’s decision that a community association properly exercised its authority to enforce protective covenants requiring buildings to present a finished external appearance within one year and requiring members to keep their properties free of clutter and other unsightly structures and conditions. The Court noted that the property owner failed to install permanent roofing on his house and barn for over one year without good cause and kept piles of construction materials in places that were visible from the road. The Court concluded that ..read more

As another year begins, I look forward to the questions, challenges, and innovations that lie ahead with a mixture of anticipation and dread. I am humbled by the many community associations that have placed their trust in me. I will continue to represent their interests and guide their boards to the best of my ability.  ..read more

In early 2021, a windstorm with gusts reaching upwards of 75 miles per hour hit Spokane, causing widespread destruction. During the storm, a ponderosa pine tree located on a residential property snapped. The top of the tree landed on and damaged two vehicles on a neighboring property. A lawsuit ensued. The Washington Court of Appeals decided in a recent unpublished opinion that the owner of the property on which the tree was located was not negligent with regard to it. The Court summarized the governing law as follows:    "A landowner is not under a duty to guarantee their trees will ..read more

The Washington Court of Appeals has issued an unpublished opinion concerning a property owner's claim that his homeowners association is legally obligated to enforce parking restrictions. The Court decided that the association was not obligated to do so because its governing documents and applicable state law established that it "may" enforce such restrictions and that it has the "discretion" to enforce them. The association thus had the power to act without being required to act. The Court noted that the outcome would have been different had the association's governing documents stated that e ..read more

Washington State condominium and homeowners associations' annual and special budgets are legally required to contain certain information and to be ratified by their owners. Those associations must first provide each proposed budget to their owners and schedule a meeting to consider ratification of that budget. The proposed budget must include: (a) The projected income to the association by category; (b) The projected common expenses and those specially allocated expenses that are subject to being budgeted, both by category; (c) The amount of the assessments per unit and the date the assessm ..read more

The Washington Court of Appeals recently ruled in an unpublished opinion that a condominium's declaration exculpated the condominium association from any liability arising out of an owner's claim that the association neglected to maintain a common element. It based that ruling on a common limitation of liability clause in the condominium's declaration that broadly exculpated the association from such claims except to the extent covered by the association's insurance. The Court summarized its reasoning as follows: "As in Scott, the exculpation from liability from water from outside or from any ..read more

The Washington State Legislature recently approved two new laws designed to increase housing density. Both laws will go into effect on July 23, 2023. The first law requires cities with over 25,000 people to allow at least duplexes in all areas and cities with more than 75,000 people to allow at least fourplexes in all areas. Community associations whose governing documents contain more restrictive housing provisions as of that date are exempt from those requirements, but they are prohibited from amending their governing documents to prohibit duplexes and other kinds of middle housing afte ..read more

The Washington State Legislature recently approved several new laws that affect existing community associations. The first new law prohibits community associations from prohibiting, unreasonably restricting, or limiting the use of properties for licensed family home child care or as licensed child daycare centers. An association may require properties being used in that manner to: 1) provide direct customer access from the outside of the buildings or through publicly accessible common areas, 2) be licensed by the state, 3) indemnify the association against all claims related to that use except ..read more