Better a Dead Horse Than a Dead Claim
Condo-HOA Blog
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2y ago
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 ..read more
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A Summer of Changes: ACC Regulations in Your Community
Condo-HOA Blog
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2y ago
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 jeo ..read more
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Don't Avoid Issues, Investigate Them and Consider Options
Condo-HOA Blog
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2y ago
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 proble ..read more
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Washington Legislative Update
Condo-HOA Blog
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2y ago
Washington's most recent legislative session has resulted in several bills that will impact associations. Some have already been signed into law while others have passed both the House and the Senate and are on the Governor's desk awaiting signature. Below are links to some of the bills that will impact associations in Washington ..read more
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Tree Trouble - Part I, Timber Trespass
Condo-HOA Blog
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2y ago
One aspect of real property law that I find interesting is how some of the nastiest legal disputes are between neighboring property owners. On one hand, it would seem incumbent upon neighbors to be friendly and cooperative to one another because they are forced to interact regularly. On the other hand, the likelihood, or at least opportunity, for disputes seems to increase proportionately the closer people live to one another ..read more
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What Should You Trust In After a Volatile Election?
Condo-HOA Blog
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2y ago
I don't know if you remember this, but there was an election recently that was rather volatile. Whether you are happy or unhappy with the outcome, the question on everyone's mind is: What happens next? How will our government change? How will we be governed? The final answer to those questions will not be known for some time, but what we do know is that whatever the intent, significant change in policy will be tempered and guided by our country's Declaration of Independence, the Constitution, laws and the multitude of checks and balances inherent in the structure of our democracy. Those fundam ..read more
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Election Season
Condo-HOA Blog
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2y ago
(Don't worry. No discussion of the Presidential race which means it's safe to read on.) Many community associations are preparing to elect new directors this time of year. As you approach elections, I offer a couple of observations for comprising a board of directors ..read more
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New FHA Rules to Create New Association Duties
Condo-HOA Blog
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2y ago
On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of residents who harass or create a hostile environment for other residents ..read more
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Why So Few Condos in Seattle (Part 1)
Condo-HOA Blog
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2y ago
The record-setting number of cranes visible in the Seattle and Bellevue skylines reflect a construction boom that began in earnest in 2015. Companies such as Amazon, Google, Facebook and other IT darlings are hiring like crazy. Like San Francisco, Seattle is a hot area to live, bringing thousands of new residents each month. With all of this growth, construction, and demand for housing, you may wonder why more condominiums are not being built in King County ..read more
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Important Oregon Supreme Court Opinion on Negligent Construction
Condo-HOA Blog
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2y ago
In what appears to be the final word on claims for negligent construction, the Oregon Supreme Court ruled last week that such claims must be brought within two years of "discovery." In Goodman v. Kingman Plastering, Inc. (2016), the Supreme Court effectively overruled Riverview Condo. Ass'n v. Cypress Ventures (2014), a recent (lower) Court of Appeals case that ruled that negligent construction claims needed to be brought within six years of discovery ..read more
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