Author Archives: Brian P. McLean

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.

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in Finance, General | Leave a comment

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

Posted in General | Leave a comment

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

Posted in General | Leave a comment