Categories
Author Archives: Brian P. McLean
E-mail Notice?
E-mail Notice of Owner Meetings by RCW 64.38 Homeowner Associations by Brian P. McLean The State Legislature amended section 2(c) of RCW 64.38.035, permitting notice by e-mail only when certain conditions are met. The Governor signed Substitute House Bill 1370 … Continue reading
Can a Condominium Declaration give a Lender in Foreclosure Exemption from Leasing Restrictions? 12 U.S.C.A § 1731b
Can a Condominium Declaration give a Lender in Foreclosure Exemption from Leasing Restrictions? Of course it can. But apparently it may not. We commonly find language in condominium declarations that give a lender in foreclosure an exemption from leasing restrictions. … Continue reading
Posted in General
Leave a comment
Equity and Basic Rules of Fairness (Buck Mountain Owners’ Association v. Prestwich, No. 167714-4-1, (Wash. Ct. App., filed March 4, 2013))
Equity and Basic Rules of Fairness require owners to share common expenses, even in the absence of an agreement to do so. Buck Mountain Owners’ Association v. Prestwich, No. 167714-4-1, (Wash. Ct. App., filed March 4, 2013) (unpublished). That’s neither … Continue reading
Posted in General, Restrictions and Rules
2 Comments
They Fought the Lawn and the Lawn Won
They Fought the Lawn and the Lawn Won by Brian P. McLean, Leahy McLean Fjelstad In an epic battle between a homeowners association, owners, and a lawn, the lawn appears to be the only winner. Eleven years ago, Ed and Billye … Continue reading
Posted in General
Leave a comment
Put this in your Pipe and Smoke it
Recently I was asked by a national publication to respond to a question about restricting cigarette smoking in condominiums. I drafted the following response. The editor unfortunately removed my humor and any ambiguity. (For example, in the edited version the editor wrote … Continue reading
Posted in Legislation, Restrictions and Rules
1 Comment
Glacial Musings
Sorry for the glacial state of new submissions since June 2011. Having taken on the responsibility of managing shareholder at our firm, developing and implementing complex but much needed programs to help shepherd aging associations through low maintenance reserves and … Continue reading
Resale Certificates and Significant Assets
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
2 Comments
Resale Certificates and the Price of Disclosure
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
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
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
