Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the […]
You read that right. Chickens. Are they pets or are they poultry? Depends what your governing documents say.
Chickens and Covenants Read More »
Castilian Hills Homeowners Association v. Chaffins, (Wash. Ct. App. Oct. 22, 2018) The Facts Homeowner bought home in 2004. In 2016, the homeowner failed to pay his $147 assessment. The homeowners association (“HOA”) assessed a $20 late fee. The homeowner still did not pay, despite the normal language in the HOA governing documents about interest,
How to Turn $147 into $10,000 – the WRONG Way Read More »
Many of you may have seen the June 7, 2021, Milwaukee Sentinel story about a Milwaukee area home that was flying two flags: one the US flag and the second a Pride flag. According to the story, the owners were told to take down the Pride flag because the association only allowed the US flag.
Seeing Injustice is Easy – Solving Problems is HARD Read More »
Facts In 2016, a Master Association adopted seven amendments to its declaration. The amendments addressed the Master Association’s authority to approve proposed uses of certain buildings, increased assessments on them, and imposed additional restrictions on those buildings’ tenants. In response, the building’s prior owner (“Building Owner”) filed suit against the Master Association and eight individual
Amendments to Condominium Documents MUST be Reasonable to be Valid Read More »
Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power? Facts In a
Facts The property was subject to a discriminatory restrictive covenant recorded in 1953 that stated: “No race or nationality other than the white race shall use or occupy any building on any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner or
Covenants that Discriminate on Race – ARE STILL A PROBLEM Read More »
Facts When you are headed down the wrong path – TURN BACK. This applies to owners and associations when they act on their belief of what their documents say, but then learn that their understanding may be wrong. Often parties who make a mistake, or learn that they might have made a mistake, refuse to
Summary Your Association should ensure that the language and definitions in governing documents reflect the intentions of the Association. If they don’t, amend them, don’t just pretend they say something they don’t say Facts Sunburst Farms East (the “Association”) is a residential community consisting of four sections with individual lots (Sections 2, 3, 4, and
The Language Used in Documents, Amendments and Motions Matters Read More »
Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of a detached garage in their association on the grounds that it was specifically prohibited by the declaration. However, the declaration provided a procedure for review of any proposed structure that
Architectural Control Committee – Why It’s Needed!!! Read More »
