Marysville Law Blog
Don’t Write On It!
Wills are often written once and forgotten for years. People seem to believe wills have a “shelf life”, after which they expire. It isn’t true. The last Will you wrote, even if it was 50 years ago, is still your Will and still governs your estate. It becomes awkward...
Probate
“Probate” has become a word mixed with mystery and distrust. As a consequence, one of the statements I hear most often from my clients is, “I/we want to avoid probate”. The fear of this word has led many people to invest in expensive, overly complicated trusts, change...
Adopting A Homeowners’ Bill Of Rights
Planned communities, whether Condominium or single-family-residence in make-up, can establish what is referred to as a “Homeowners’ Bill of Rights”. The purpose of such a Bill of Rights is to place limitations on the power of Association and its Board to dictate life...
Association Voting Procedures For Adopting Budget And Fixing Assessments
In many Associations (both condominium and non-condominium communities) there is uncertainty, and sometimes major conflict, over the proper procedure by which annual Association budgets and assessments are adopted. The following questions arise: A. Regarding The...
CAN AN ASSOCIATION AMEND ITS CCRS TO RESTRICT RENTAL OF UNITS?
An issue that frequently arises in Condominium and Single Family Residence (“SFR”) planned communities is whether the rental of the units/homes can be prohibited or restricted. While there are still some unanswered questions regarding this issue in the State of...
Legal Responsibilities of Association Board Members & Their Potential Liability
Board Members of community Associations, just like corporate directors, are held to a legal standard of care in their conduct and decisions while serving on the Board. This standard of care applies in relation to the Association Members whom they represent. You will...
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...
