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Author Archives: Brian P. McLean
Water One Casualty of High Foreclosure Rates
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
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
Failing Mortgages and the Domino Effect
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?
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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WA State Legislature Proposes Construction Warranty Bills . . . Again
The Washington State Legislature has proposed two new residential construction warranty bills — HB 1045 and HB 1393. Neither bill affects condominium developments. It’s too early in the legislative session to determine whether the bills have sufficient legs to get … Continue reading
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California: Court Goes Too Far on Smoking Ban?
In Birke v. Oakwood Worldwide, 2009 Cal. App. LEXIS 19 (January 12, 2009), the California Court of Appeals ruled that a cause of action for nuisance was adequately pleaded by a five year-old child against a company that managed an … Continue reading
Foreclosures on the Rise in Puget Sound
The Seattle Times published an article today that documents the rising number of foreclosures in Puget Sound.
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Solar Energy and Homeowner Associations
Solar Panels and Homeowner Associations By Brian P. McLean, Leahy.ps On January 13 and 14, 2009, the State Legislature introduced two bills that would impose limitations on a homeowner association’s ability to regulate the installation of solar energy systems in … Continue reading
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Renting in Non-Condo Homeowner Associations
Renting in Non-Condo Homeowner Associations By Brian P. McLean, Leahy.ps In Washington State, there is no blanket restriction in RCW 64.38 (HOA Act) on either the rental of single-family homes or the authority of the homeowner association to restrict rentals. … Continue reading
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Yurt Association Law: Developer v. Association Attorneys
Yurt Association Law: Developer v. Association Attorneys Brian P. McLean, Leahy.ps In Washington State, there’s a palpable and sometimes hostile split between attorneys who represent developers and attorneys who represent owner associations (particular construction defect attorneys). (As for attorneys who … Continue reading
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