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Author Archives: Brian P. McLean
Beacon Residential v. Skidmore (California Case)
This is a big deal for new homeowners and California construction defect law, brought to you in part by my friend Steven Weil of Berding & Weil: Building on substantial case law and the common law principles on which it … Continue reading
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Casey v. Sudden Valley, Budgets v. Assessments
Casey v. Sudden Valley Community Assn, No. 70329-3-I (Wn. App. May 27, 2014) In many associations, a board adopts a budget, the board sends a summary of the budget to the owners, and the owners ratify the budget. This practice … Continue reading
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Judge Quinn-Brintnall – In Memoriam
Judge Christine Quinn-Brintnall died last week. The court’s press release is here: http://www.courts.wa.gov/newsinfo/?fa=newsinfo.pressdetail&newsid=2710 I worked for Judge Quinn-Brintnall for about eight months after she defeated Governor Locke’s appointee (whom I also worked for). She was a former prosecuting attorney for … Continue reading
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Law Firm Move
Our Kirkland office is moving to Seattle on June 1, 2014. Our new address will be 901 Fifth Avenue, Suite 820, Seattle, WA 98164-1005. We are maintaining our Eastside telephone number, (425) 889-8191, and adding a new Seattle line, (206) … Continue reading
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Wilkinson v. Chiwawa Communities Association
Wilkinson v. Chiwawa Communities Association, No. 86870-1 (Wash. Apr. 17, 2014) The Washington State Supreme Court has held that the Chiwawa Communities Association, a planned residential community in Chelan County comprised of permanent and vacation residents, improperly adopted a declaration … Continue reading
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Law Change – HOA Minutes by Brian P. McLean
Kathryn Hedrick, lobbyist for the Washington State CAI Legislative Action Committee, issued this update over the weekend: Substitute House Bill 2567, prime sponsored by Representative Hans Zeiger (R-Puyallup) has been signed by Governor Inslee and takes effect June 11. The … Continue reading
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Who Pays for Windows? For Now We See Through a Glass Darkly… by Brian P. McLean
“But, soft! What light through yonder window breaks?” -Romeo and Juliet, Act II, scene 2, line 1. Unless your association is a front for the NSA, your association has exterior windows. A window is a hole in the wall and … Continue reading
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Fidelity Insurance & Embezzlement by Brian P. McLean, Leahy McLean Fjelstad
When you agree to join the board of directors of a condominium association, you agree to act in good faith and in the interests of the association. George Bernard Shaw apparently wrote once that, “Lack of Money is the root … Continue reading
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Update on Lender Exemptions From Leasing Restrictions, by Brian P. McLean
The FHA announced that associations who give some flexibility to bank-owned properties from transient leasing prohibitions are once again eligible for FHA approval. To be eligible, the association will either have to amend its governing documents or provide a statement … Continue reading
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When Homeowner Association Members Go Wild
When Homeowner Association Members Go Wild This email thread on an association listserv was brought to my attention by fellow attorney Bennett Taylor. It speaks for itself. Parking. Neighborly consideration. Limitations on board authority. Who’s in charge (not Alexander Haig). … Continue reading
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