Washington State Supreme Court Denies Review in Curt Casey, et al. v. Sudden Valley Community Association
by Brian P. McLean
Our Supreme Court denied review yesterday in Curt Casey, et al. v. Sudden Valley Community Association. The Court of Appeals case creates significant uncertainty about the applicability of RCW 64.38 to budget-making so it is unfortunate that many homeowner associations will be left with that uncertainty.
At a more personal level the petitioners in the case were responsible owners trying to do what’s best for their entire community. Even if reasonable minds could differ about their objectives the final court decision likely leaves them exposed to hundreds of thousands of dollars in legal fees and costs.
Flag at half-mast.
Brian
About Brian P. McLean
BRIAN P. McLEAN is an attorney and shareholder at Leahy McLean Fjelstad in Seattle, 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 former board member of the Washington State Chapter of the Community Associations Institute (WSCAI) where he served as president 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.
