People often focus on the negative ramifications associated with litigation. It can be costly, time consuming and often not the most efficient method of resolving disputes. Associations will sometime actively avoid dealing with an issue because it might result in litigation and often fail to consider the ramifications of not pursuing, or at least considering, litigation. For example, associations will sometimes avoid investigating the extent of a problem because they fear what they might find. An association may become aware of water intrusion and avoid investigating the extent of their problem, fearing it might lead to extensive repairs, insurance claims and perhaps litigation. Avoiding the issue will never make it go away. Associations do not avoid issues by ignoring them. The issues and resulting damage compound while the options for relief become more limited. Eventually, a potential insurance claim or litigation is barred by applicable statutes of limitation and repose. Increased damages and no ability to pursue relief is not a good combination. read more

From time to time, someone will forward me a community association question based on something they read in an online forum. Far too often, people posting to these forums start a post with something like this: "Our association's attorney said we should…." read more

As of 5:00 p.m. Wednesday, March 25, 2020, Washington State is under a Stay Home-Stay Safe Order: Washington Proclamation 20-25. Oregon is under a similar Stay Home, Saves Lives Order: Oregon Executive Order No. 20-12. read more

This is going to be a short but important reminder regarding community association authority. An association's authority is almost always strongest when dealing with property owned or maintained by the association. In my opinion, it is vitally important that associations embrace that authority rather attempt to assign or allocate responsibility to others. read more

Clients sometime ask: "Will we get sued if we do this?" Beware of the attorney who answers this with "Yes" or "No". No attorney can know if or when a client will be sued. People sometimes sue when they shouldn't. The key is putting your association in a position to defend any claim, frivolous or otherwise. Having the proper documentation really helps a defense and can greatly reduce the time and expense involved. read more