Association members who own and reside in a condominium unit or single-family residence a planned community generally have homestead rights and protection from creditors under RCW 6.13.080 from certain types of creditors. HOA and COA Associations, on the other hand,...
Marysville Law Blog
WASHINGTON COURT OF APPEALS ESTABLISHES 6-YEAR STATUTE OF LIMITATIONS FOR COLLECTION OF DELINQUENT HOA ASSESSMENTS
In a case decided July 7, 2021 (Kiona Park Estates v Dehls) Division II of the Washington Court Of Appeals ruled that a 6-year statute of limitations applies to enforcement of an HOA assessment lien under RCW 64.38. This ruling applies only to HOAs and not to...
STRUCTURES THAT VIOLATE (OR POSSIBLY VIOLATE) CCRS – A LOOK AT TWO WASHINGTON COURT DECISIONS
It is important that those sitting on Boards and committees that govern HOAs and COAs have a good working knowledge of legal principles applicable to decisions approving or disapproving proposed homeowner construction projects in their communities. This blog will not...
2020 Case (Bangerter v. Hat Island Community Association): Validity Of Non-Uniform Assessments & Legal Standard Of Care For HOA & Its Officers/Directors
The Washington Court of Appeals (Division One) decided the case of Bangerter v. Hat Island Community Association in September 2020. In doing so the Court analyzed and made rulings relevant to all planned communities (HOAs and COAs) and their governing boards. The...
Coronavirus and Your Estate
In the process of a few weeks, the coronavirus has gone from an isolated disease in a distant land to a pervasive pandemic impacting us all. Over the course of one week alone, public gatherings have been reduced time and again, and now have been eliminated altogether....
Standard of Care, Duties and Risk Factors For Association Board Members
Board Members and Officers of Homeowner and Condominium Associations (HOAs and COAs) frequently do not understand their legal duties, potential liabilities and the risk factors related to their Association work. In my law practice I have found that many individuals...
How can you help your children deal with your divorce?
When you decide to go through a divorce, you want the best possible outcome. After years of marriage, you realized that staying with your spouse would make life worse for both the two of you and your children. But the divorce process can still be hard on your kids....
Parental alienation is harmful to child emotional growth
Sharing parenting duties with an ex-spouse can be difficult. After all, you may disagree with how your former partner chooses to raise your kids. Still, you should be able to trust your ex to do what is right for the children. Unfortunately, that does not always...
Modifying child custody issues in Washington
Setting up a parenting plan through the court system can be a stressful time, especially when young children are already dealing with their new reality of divorcing parents. A final court order sets in place where your children will be living, how much time they spend...
Mediating divorce is an easier route
The idea of getting a divorce may make you cringe. While you and your spouse agree that it is the best path for your family, it makes you nervous. Starting over is not easy, and doing so with kids as a single parent is a prospect you never thought possible. You do not...
