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 represent. You will sometimes hear this standard described as a “fiduciary duty” (1). That description, …read more

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 (“HOAs”) and some pre-1990 condominium Associations (“COAs”). COAs formed after 1990 are required by state law to be …read more

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 a certain number of years have passed. While there is a 6-year Statute Of Limitations from date of …read more

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 highest order. In the aftermath of such a loss, the decedent’s grieving …read more

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 cases that had foreclosed their comparatively small assessment liens against a condominium unit had the effect of eliminating …read more

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 activities and uses and the construction of improvements on member property. The particular CCRs provision in question was likely drafted by the …read more

Homestead Exemption & Foreclosure of Association Liens

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 foreclosed against their property. Such Homestead Exemption, which applies to the enforcement of judgments and a few other types of liens …read more

Injuries Occurring On Property Of Others – Premises Liability

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’s “status” on the other person’s property.  Washington, unlike most states, still relies upon traditional, common law classifications of the injured person …read more

The Tsunami

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 owner, made headlines for one reason – it is an improbable piece of good news, even if a …read more

Association Board Meetings – Can They Be Confidential?

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 this Memo. I.          Single Family Residence (Non-Condominium) Associations A.        The Law RCW 64.38.035 (applicable to non-condo Associations …read more