Author Archives: Brian P. McLean

About Brian P. McLean

BRIAN P. McLEAN is an attorney and shareholder at Leahy McLean Fjelstad in Kirkland, Washington. He concentrates his practice in the area of community association law. He received his law and undergraduate degrees from Seattle University, where he was a member of Law Review, chair of the law school’s Moot Court Board, and commencement speaker for his graduating class. Brian speaks and writes frequently about community association issues, is a member of the Washington State Bar Association, and is a board member and served as president of the Washington State Chapter of the Community Associations Institute (WSCAI) from 2009 - 2010. He served previously as chair of WSCAI’s Legislative Action Committee, where he worked with state legislators to enact mandatory reserve study legislation in Washington State. Brian is former lead singer, guitarist, and songwriter for the now defunct Pacific Northwest band the Acetones.

Resale Certificates and Significant Assets

Posted on June 15, 2011 by Brian P. McLean

Significant Assets and Resale Certificates, by Brian McLean Perfect legislation is aspirational but impossible. The meaning of words change over time. Social customs and values change. These are not novel concepts. In the newly revised Washington State reserve study legislation … Continue reading →

Posted in Finance, Legislation | Leave a comment

Resale Certificates and the Price of Disclosure

Posted on May 12, 2011 by Brian P. McLean

Resale Certificates and the Price of Disclosure The State Legislature has updated RCW 64.34.425(2). As of July 22, 2011, a reasonable charge for the preparation of a resale certificate may not exceed $275. The former cap, established in 1990, was … Continue reading →

Posted in Legislation | Leave a comment

Reserve Accounts and Studies — New Law, Old Problem

Posted on May 12, 2011 by Brian P. McLean

Reserve Accounts and Studies — New Law, Old Problem You can pay now or someone else will pay later. That used to be the law in Washington State. No longer. Washington State Governor Christine Gregoire signed into law new legislation … Continue reading →

Posted in Finance, Legislation | Leave a comment

FHA Condominium Project Approval – Status

Posted on December 9, 2010 by Brian P. McLean

Thank you Andrew Fortin, CAI (quoted in full): Today, FHA announced a revised schedule for condominium project approval expirations and urged all condominium communities wishing to retain FHA approval to complete the recertification process. CAI strongly encourages all condominium communities … Continue reading →

Posted in Finance, General | Leave a comment

Businesses and Daycares

Posted on November 16, 2010 by Brian P. McLean

I am often asked whether the operation of a daycare in an HOA breaches a restrictive covenant that forbids the operation of a business in a residential home. The answer is, it depends. Quote of the Day: “Operate more like … Continue reading →

Posted in Restrictions and Rules | Leave a comment

Administrative Posting

Posted on November 6, 2010 by Brian P. McLean

A number of users have subscribed to this blog, and I appreciate the support and comments. Because of an increasing number of spambot registrations, I’ve increased security on the registration page and deleted dozens of what appear to be spam … Continue reading →

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Hot Roofs, Cool Roofs, and a New Moon

Posted on October 28, 2010 by Brian P. McLean

Shingle roofs or composite roofs? Cool roofs or hot roofs? Gryffindor or Slytherin? To be or not to be? Continue reading →

Posted in Legislation, Restrictions and Rules | 1 Comment

What is a Reserve Study?

Posted on July 8, 2010 by Brian P. McLean

Sound long-term financial planning can make the difference between thriving or becoming a neighborhood paperweight. Continue reading →

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Greedy HOAs Foreclose for Profit? Come On

Posted on July 1, 2010 by Brian P. McLean

Homeowner associations are not greedy because they conduct nonjudicial foreclosures for nonpayment of assessments. In the real world, not the journalistic world where loss of ownership is equated with homelessness, the remaining owners, some of whom are on fixed incomes and have budgeted carefully their whole lives, often empty their bank accounts in an effort to keep the association on life support. When the pool of paying owners gets smaller, the remaining owners drown. Continue reading →

Posted in Finance | 4 Comments

Videorecording Meetings

Posted on May 26, 2010 by Brian P. McLean

In Washington State, owner associations are still private organizations. As such, they are not subject to public open meeting laws of the State. Continue reading →

Posted in General | 1 Comment