The Washington Court of Appeals recently held that an association’s board of directors was validly constituted and properly passed bylaw amendments, so the board (and the management company as the board’s agent) had the authority to charge and collect fines and fees. Parker Estates Homeowners Ass’n v. Pattison, No. 47402-6-II, 2016 WL 7468226, at *1…
Author Archives: Valerie Farris Oman
“Rent-Free” Living During Redemption Period
The Washington State Court of Appeals recently held that the owner of a condominium unit could not be forced to move out or pay rent during the redemption period after a judicial foreclosure by the Association. Viewcrest Condo. Ass’n v. Robertson, No. 74115-2-I, 2016 WL 7470025 (Wash. Ct. App. Dec. 27, 2016) In the case,…
Associations Not Required to Disclose Privileged Information
The Maryland Court of Special Appeals held that the Maryland Condominium Act did not require disclosure of information related to legal advice or attorney work product (privileged information) to owners. Although this case was decided in Maryland, and it is not binding in Washington, it could indicate how Washington courts would decide a similar issue…
Easement Holder’s Consent Required to End Easement
In Majestic Oaks Home Owners Association, Inc. v. Majestic Oaks Farms, Inc., the Kentucky Court of Appeals held that an amendment to a subdivision declaration could not cancel an easement without the easement holder’s consent. Although this case was decided in Kentucky, and it is not binding in Washington, it could be an indication of…
Is Short-Term Leasing a “Commercial Use”?
In Houston v. Wilson Mesa Ranch Homeowners Association, Inc., the Colorado Court of Appeals held that short-term rentals did not violate a covenant prohibiting commercial use of a unit. However, this ruling did not indicate that all restrictions on short-term rentals are unenforceable. Although this case was decided in Colorado, and it is not binding…
Business Judgment Rules does not Apply to Unauthorized Acts
The South Carolina Supreme Court held that association board decisions must be evaluated individually to see if the business judgment rule applied, and the business judgment rule did not apply when the board acted beyond its authority. Although this case was decided in South Carolina, it could be an indication of how a Washington court…
Update on Annual Seafair Party!
Our annual SEAFAIR & Blue Angel LUNCHEON is upon us! Please join us at our annual Seafair & Blue Angel luncheon for Community Association Managers taking place on Friday, August 5, 2016 from noon – 4pm at Gil Price’s Leschi home located at 3513 S. Leschi Place, Seattle, WA 98144. Mark your calendars as we…
Condo Law Annual Seafair Luncheon is August 5
SEAFAIR and our annual SEAFAIR LUNCHEON are upon us! Please join us at our annual Seafair Blue Angel luncheon for Community Association Managers taking place on Friday, August 5, 2016 from noon – 4pm at Gil Price’s Leschi home located at 3513 S. Leschi Place, Seattle, WA 98144. Mark your calendars as we look forward…
Update on Changes at CLG
As you should now be aware, three of our attorney colleagues (Rachel Burkemper, Stephen Smith, and Theresa Torgesen) left our firm on July 5, 2016 to form their own firm. They have been contacting Condominium Law Group’s clients this week causing confusion and frustration with our, and your, clients. We sincerely apologize for this. It has…
Changes at Condominium Law Group
Dear Board Member clients and Community Association Managers, Summer brings change to our communities and your business partners. We want to update you on changes happening at Condominium Law Group, PLLC. On July 5, 2016, Theresa Torgesen, Stephen Smith, and Rachel Burkemper left our employment to open their own practice. One of the stated reasons…
Author Archives: Valerie Farris Oman
Court Defers to Association’s Interpretation of its Bylaws
The Washington Court of Appeals recently held that an association’s board of directors was validly constituted and properly passed bylaw amendments, so the board (and the management company as the board’s agent) had the authority to charge and collect fines and fees. Parker Estates Homeowners Ass’n v. Pattison, No. 47402-6-II, 2016 WL 7468226, at *1…
“Rent-Free” Living During Redemption Period
The Washington State Court of Appeals recently held that the owner of a condominium unit could not be forced to move out or pay rent during the redemption period after a judicial foreclosure by the Association. Viewcrest Condo. Ass’n v. Robertson, No. 74115-2-I, 2016 WL 7470025 (Wash. Ct. App. Dec. 27, 2016) In the case,…
Associations Not Required to Disclose Privileged Information
The Maryland Court of Special Appeals held that the Maryland Condominium Act did not require disclosure of information related to legal advice or attorney work product (privileged information) to owners. Although this case was decided in Maryland, and it is not binding in Washington, it could indicate how Washington courts would decide a similar issue…
Easement Holder’s Consent Required to End Easement
In Majestic Oaks Home Owners Association, Inc. v. Majestic Oaks Farms, Inc., the Kentucky Court of Appeals held that an amendment to a subdivision declaration could not cancel an easement without the easement holder’s consent. Although this case was decided in Kentucky, and it is not binding in Washington, it could be an indication of…
Is Short-Term Leasing a “Commercial Use”?
In Houston v. Wilson Mesa Ranch Homeowners Association, Inc., the Colorado Court of Appeals held that short-term rentals did not violate a covenant prohibiting commercial use of a unit. However, this ruling did not indicate that all restrictions on short-term rentals are unenforceable. Although this case was decided in Colorado, and it is not binding…
Business Judgment Rules does not Apply to Unauthorized Acts
The South Carolina Supreme Court held that association board decisions must be evaluated individually to see if the business judgment rule applied, and the business judgment rule did not apply when the board acted beyond its authority. Although this case was decided in South Carolina, it could be an indication of how a Washington court…
Update on Annual Seafair Party!
Our annual SEAFAIR & Blue Angel LUNCHEON is upon us! Please join us at our annual Seafair & Blue Angel luncheon for Community Association Managers taking place on Friday, August 5, 2016 from noon – 4pm at Gil Price’s Leschi home located at 3513 S. Leschi Place, Seattle, WA 98144. Mark your calendars as we…
Condo Law Annual Seafair Luncheon is August 5
SEAFAIR and our annual SEAFAIR LUNCHEON are upon us! Please join us at our annual Seafair Blue Angel luncheon for Community Association Managers taking place on Friday, August 5, 2016 from noon – 4pm at Gil Price’s Leschi home located at 3513 S. Leschi Place, Seattle, WA 98144. Mark your calendars as we look forward…
Update on Changes at CLG
As you should now be aware, three of our attorney colleagues (Rachel Burkemper, Stephen Smith, and Theresa Torgesen) left our firm on July 5, 2016 to form their own firm. They have been contacting Condominium Law Group’s clients this week causing confusion and frustration with our, and your, clients. We sincerely apologize for this. It has…
Changes at Condominium Law Group
Dear Board Member clients and Community Association Managers, Summer brings change to our communities and your business partners. We want to update you on changes happening at Condominium Law Group, PLLC. On July 5, 2016, Theresa Torgesen, Stephen Smith, and Rachel Burkemper left our employment to open their own practice. One of the stated reasons…