Marysville Law Blog
Associations Should Be Incorporated
The vast majority of Associations are incorporated as nonprofit corporations. There are some Associations, however, that are not incorporated. This may be due to oversight or may be intentional in the case of some single-family residence Associations (“HOAs”) and some...
Is There A Statute Of Limitations Applicable To Addressing Violations Of CCRs?
I have Association clients whose (usually newer) Board members have decided to enforce their CCRs to resolve longstanding violations. They have asked me whether there is a “Statute Of Limitations” that might bar covenant enforcement action after a certain number of...
Wrongful Death Claims – The Loss Of A Loved One
A serious injury caused by the carelessness or recklessness of another person is a terrible thing, but the untimely death of family member or loved one at the hands of negligent stranger represents a truly horrific loss and a tragedy of the very highest order. In the...
COA Lien Foreclosure Eliminates Prior Mortgage Lien
The foreclosure of Condominium Owners Association (“COA”) assessment liens can under some circumstances remove and eliminate a prior mortgage lien. In two recent Washington State Court of Appeals decisions the Court ruled that the COAs in those cases that had...
How To Interpret And Understand Community Covenants (“CCRs”)
Association Boards (both Condominium and Single Family Residence communities) frequently struggle to understand the provisions of the CCRs that apply to their community. This particularly arises in the context of regulating questionable member activities and uses and...
Homestead Exemption & Foreclosure of Association Liens
A relatively obscure Washington statute (RCW 6.13.080) now requires Homeowner Associations (“HOAs”) to mail notice to its members explaining that no “homestead exemption” will be recognized if an Association lien for unpaid assessments is foreclosed against their...
Injuries Occurring On Property Of Others – Premises Liability
A. Common Law Classifications In the State of Washington personal injury claims resulting from unsafe or defective conditions on another’s premises (i.e., buildings, grounds and related facilities) always require consideration of the injured person’s...
The Tsunami
A Harley-Davidson motorbike, washed out to sea by last year’s terrifying Tsunami, made an astonishing journey across the north Pacific from Japan, landing on a remote, Canadian beach this week. The miracle story, complete with a Tsunami-survivor owner, made headlines...
Association Board Meetings – Can They Be Confidential?
ASSOCIATION BOARD MEETINGS – CAN THEY BE CONFIDENTIAL? Rules and procedures relating Association Board meetings are very different than those applicable to general membership meetings. A number issues can arise in this regard that I will address in this Memo....
If It’s Community Property – Why do I Need a Will?
Have you ever heard of “urban myths?” Those are the stories that we’ve all heard and believe to be true, that turn out to be false. Perhaps the most persistent myth in the area of estate planning is that community property passes automatically to the surviving spouse,...
