Washington Condo & HOA News
- Homestead lawsuit goes to trial on April 30 (WA) April 25, 2024The plaintiffs’ side alone lists 66 witnesses and 101 exhibits in the multi-sided Homestead case scheduled to come to trial in Whatcom County Superior Court on Tuesday, April 30. Trial may last three weeks. The four-year-old civil lawsuit concerns both the closed Homestead Farms Golf Club of north Lynden and some 600 surrounding properties of the residential golf development created between Benson and Bender roads in the 1990s. Read the article…………………………….
- Port of Bellingham hit with restraining order after developer Harcourt files countersuit (WA) April 11, 2024Harcourt Developments, the Ireland-based company constructing three multi-million dollar residential condo buildings along Bellingham’s waterfront, has filed a lawsuit against the Port of Bellingham, alleging Port officials have threatened to call police and request trespassing citations be issued if Harcourt did not remove its equipment from Port property. Read the article…………………………….
- HOA’s have different rules what it means for Police and streets (WA) March 15, 2024The city of Liberty Lake is known for its winding paths, street trees and homeowner’s associations. Recently, however, residents of some neighborhoods have been questioning the services they receive from the city, particularly police patrols and traffic enforcement. Many neighborhoods in Liberty Lake were built by Greenstone Corporation, which set up HOA’s for each neighborhood. Though the rules and services vary, generally the HOA collects assessments to take care of common areas and sets rules that can cover everything from ...
- Marysville homeowners remain stuck behind washed out road as search for solution continues (WA) March 8, 2024Steve Hall, who heads up the homeowners’ association, met with us Monday. He said seven homes and nearly two dozen people are impacted. At that time, Hall said beaver dams burst and clogged the culvert, causing the road to crumble. He said a fix is complex due to layers of land ownership in the area. The road is private and owned by the residents. Read the article…………………………….
- Point Ruston’s legal battles grow as condo groups seek neutral party to govern site (WA) February 17, 2024Point Ruston’s lawsuits and financial woes now include legal action from condominium associations representing residents at the site. On Jan. 25, five condominium associations representing building residents at Point Ruston filed a petition in Pierce County Superior Court against the Point Ruston Owners Association. Read the article…………………………….
- Condo group sues State Farm for water damage 30 years too late: Court (WA) December 20, 2023A Tacoma, Washington, condominium association that sued a State Farm Insurance Co. unit for water damage filed its suit nearly 30 years too late, a federal appeals court ruled Monday, affirming a lower court ruling. Read the article………………………………..
- Kennewick adopts new speed hump rules. Half in this neighborhood had to be ripped out (WA) December 11, 2023The Canyon Lakes Property Owners Association went through what they thought was the correct process and were issued a one time permit because city staff didn’t realize there was guidance in the rarely used administrative code. It cost about $75,000 out of the owner association’s own funds. Read the article……………………………
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Washington Condo & HOA Articles
- Major Win for HOAs on Enforcing Restrictive Covenants in WashingtonAs recorded in the court’s decision, in 2018 the View Ridge Estates amended its CC&Rs to declare that: “No trees or other vegetation, in a view and/or view corridor area, shall be taller than a maximum of fifteen (15) feet …. Taller trees and shrubs are permitted so long as no Member’s view is unreasonably obstructed by the taller trees or shrubs” Read the article…………………………….
- Cost-Shifting Provisions In Governing Documents And The Value Of Carrying The Appropriate Homeowners Insurance Policy (WA)In the last two and a half (2½) years, we have continued to see a trend of more Associations adopting cost-shifting provisions that push uninsured amounts to the individual owner. Typically, these cost-shifting provisions are related to damage that is caused by anything located in an individual unit or caused by misconduct of a unit owner. Read the article…………………………….
- Farmers condo insurance case explores exclusion clauses (WA)The Gardens Condominium v. Farmers Insurance Exchange case revolves around an all-risk insurance policy issued by Farmers Insurance Exchange to The Gardens Condominium. The policy was designed to cover any direct physical loss unless caused by an excluded event. Notably, the policy included an exclusion for faulty, inadequate, or defective workmanship but also contained a resulting loss exception. Read the article…………………………….
- Court of Appeals Resolves Dispute Between Competing Community Association Boards (WA)There was recently litigation to determine which of two competing boards of directors of a community association had the right to access the association’s bank accounts. One of the litigants originally served on the association’s board as an appointed director and president. Read the article…………………………….
- Discrimination Claims within Community Associations (WA)A person’s home is intended to be their sanctuary from the public. As such, situations which arise that affect a person’s ability to feel safe and secure in their home are particularly harmful. This is, in part, the basis for the protections provided in the Fair Housing Act. Through recent amendments to the Fair Housing Act, these protections have expanded to make persons (or entities) liable for a third party’s discriminatory conduct that the person had the power to correct. ...
- Court of Appeals Decides that HOA Is Not Required to Enforce Parking Restrictions (WA)The Washington Court of Appeals has issued an unpublished opinion concerning a property owner’s claim that his homeowners association is legally obligated to enforce parking restrictions. Read the article……………………………
- Court Upholds Association’s Decision to Refrain from Enforcing Covenant (WA)In a recent unpublished Washington Court of Appeals opinion, a lot owner had sued his homeowners association and contended that it had a duty to take certain actions with regard to parking enforcement. Read the article………………………………
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