Category Archives: General

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

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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

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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 App., filed March 4, 2013) (unpublished).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

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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

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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

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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

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Videorecording Meetings

In Washington State, owner associations are still private organizations. As such, they are not subject to public open meeting laws of the State. Continue reading

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CA Law Day A Smashing Success! (And more on association reserve funds)

I think it’s important that Association’s maintain current reserves studies to know and understand the true costs of ownership. Continue reading

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Zen and the Art of Condominium: the Time for Termination

Zen and the Art of Condominium: the Time for Termination In this sometimes funny, sometimes tragic presentation, attorney Brian P. McLean of Leahy McLean Fjelstad will discuss in a workshop setting how community association managers can increase their value to … Continue reading

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Tears for Fears: Managing a Condo Through Financial Crises

Bert Caldwell of the The Spokeman-Review (Spokane) recently interviewed me as spokesperson for the Washington Chapter of the Community Associations Institute regarding the current real estate financial crisis and how it is affecting condominium associations and ownership. His article was … Continue reading

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