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Category Archives: Restrictions and Rules
LET US HEREBY RESOLVE, to Elect Board Members
LET US HEREBY RESOLVE, to Elect Board Members By Brian P. McLean, JD, CCAL Most associations don’t have a good written election policy. Granted, the association’s original articles of incorporation and bylaws may take perfunctory stabs at describing when elections … 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 App., filed March 4, 2013) (unpublished).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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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
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Businesses and Daycares
I am often asked whether the operation of a daycare in an HOA breaches a restrictive covenant that forbids the operation of a business in a residential home. The answer is, it depends. Quote of the Day: “Operate more like … Continue reading
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Hot Roofs, Cool Roofs, and a New Moon
Shingle roofs or composite roofs? Cool roofs or hot roofs? Gryffindor or Slytherin? To be or not to be? Continue reading
Posted in Legislation, Restrictions and Rules
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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
Is it legal in Washington State to Ban Smoking in a Condominium?
Edited by Brian P. McLean, Leahy.ps This is the question posed to me by The Seattle Times in July 2007, which quoted me extensively on the subject: Kirkland [Seattle] attorney Brian McLean, of the firm[Leahy McLean Fjelstad], says that “with the … Continue reading
