Barker Martin

Condo-HOA Blog - Wa Court Decisions

Legislature Working on a Fix to the LLC Abatement Problem

This session, Representative Jamie Pedersen of the 43rd Legislative District has prime sponsored SHB 2657, which would fix the rather large loophole identified by the Washington Supreme Court in its May 2009 decision in Chadwick Farms Owners Association v. FHC, LLC, 166 Wn.2d 178, 207 P.3d 1251 (2009). read more

Supreme Court of Washington to Condominium Owners: A Lump of Coal for Christmas

In a 6-3 decision issued on Christmas Eve, the Washington Supreme Court sided with condominium developers in upholding arbitration clauses incorporated into condominium purchase and sale agreements. read more

Washington Condominium Association Wins Slip-and-Fall Lawsuit

Although the plaintiff was unsuccessful in this particular case, associations should be vigilant and act as soon as reasonably possible to eliminate dangerous conditions. read more

Chadwick Farms lets Dissolved LLCs off the Hook at Possible Expense of the LLC's Members

Discussing the Chadwick Farms v. FHC, LLC decision. read more

Court Says Unanimity Required for Old Act Condos to Convert Common Areas

In a recent decision, Lake v. Woodcreek Homeowners Association, Division I of the Washington Court of Appeals held that a homeowner adding a bonus room onto his unit actually converted common area to part of his unit under the theory that the air space around his unit was common area because common areas were defined as anything "not expressly described as part of the individual residence apartments or as limited common area." read more

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