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.

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 | 5 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

CA Law Day A Smashing Success! (And more on association reserve funds)

Posted on May 23, 2010 by Brian P. McLean

I think it’s important that Association’s maintain current reserves studies to know and understand the true costs of ownership. Continue reading →

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Zen and the Art of Condominium: the Time for Termination

Posted on March 26, 2010 by Brian P. McLean

Zen and the Art of Condominium: the Time for Termination In this sometimes funny, sometimes tragic presentation, attorney Brian P. McLean of Leahy McLean Fjelstad will discuss in a workshop setting how community association managers can increase their value to … Continue reading →

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Tears for Fears: Managing a Condo Through Financial Crises

Posted on January 11, 2010 by Brian P. McLean

Bert Caldwell of the The Spokeman-Review (Spokane) recently interviewed me as spokesperson for the Washington Chapter of the Community Associations Institute regarding the current real estate financial crisis and how it is affecting condominium associations and ownership. His article was … Continue reading →

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Foreclosure Rates in Washington Climb

Posted on August 27, 2009 by Brian P. McLean

Associations should continue to take rational steps and shore up defenses against the eroding mortgage landscape while educating Washington owners about rational choices during a period of shrinking incomes, prices, and resources. Continue reading →

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Water One Casualty of High Foreclosure Rates

Posted on April 20, 2009 by Brian P. McLean

Water One Casualty of High Foreclosure Rates by Brian P. McLean, Leahy.ps Imagine you live in a condominium, you pay your assessments like clockwork, and you arrive home to find your water turned off because of non-payment. That’s what happened … Continue reading →

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What Makes Homeowner Association Meetings Work

Posted on April 19, 2009 by Brian P. McLean

Suddenly, over the horizon, you spot a mob of homeowners marching upon you. They are leaving a rooster tail of dust. They are a cacophony. You could leave but you have your duty. You pull out your unthumbed book on parliamentary procedure and begin to practice “point of order.” What happens? Continue reading →

Posted in General | 1 Comment

Failing Mortgages and the Domino Effect

Posted on April 4, 2009 by Brian P. McLean

Failing Mortgages and the Domino Effect By Brian P. McLean, Leahy.ps The Puget Sound Business Journal discusses the continuing deterioration of the mortgage market: Subprime mortgages, which were issued to people with checkered payment histories, have the highest level of … Continue reading →

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Small Condos to be Exempt from Reserve Studies?

Posted on January 22, 2009 by Brian P. McLean

The State Legislature has proposed an amendment (HB 5461) to the reserve study bill that passed in 2008. The amendment would exempt associations that have fewer than 11 units. There are four obvious flaws with the amendment. One, any association … Continue reading →

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