Barker Martin

Condo-HOA Blog

Legal Update

This week's blog post provides updates on two cases that Barker Martin is involved in on behalf of community associations in the Pacific Northwest.

Filmore LLLP v. Unit Owners Association of Centre Pointe Condominium

The Washington Supreme Court has granted a Motion to File Amicus Curiae Brief by Barker Martin partner Dan Zimberoff on behalf of the Community Associations Institute ("CAI") in the Filmore LLLP v. Unit Owners Association of Centre Pointe Condominium appeal. Oral argument has been scheduled for June 11, 2015. Dan was asked by CAI to draft amicus curiae (or "friend of the court") briefs in support of both the Motion for Discretionary Review and Supplemental Brief requesting that the Court to reverse the lower courts' rulings in favor of the respondent.

Tim George vs. Uponor

The national yellow brass class action lawsuit entitled Tim George vs. Uponor, Inc. et al., 12-CV-00249 has reached a tentative settlement that should be filed with the Federal Court in Minnesota later this month. The class action involves allegedly defective yellow brass fittings that were designed and distributed throughout the United States by various Uponor entities. Numerous associations and homes in Washington and Oregon had these fittings installed as part of the PEX plumbing systems used to provide potable water. Once the settlement agreement has been filed with the court and can be distributed to the public, we will provide a further update on its key terms, potential benefits and relevant deadlines. Bear in mind that, like all class action settlements, the proposed settlement must be approved by the court That approval process will take months and will not be resolved until late this year.

For both the Filmore and George cases, the Barker Martin team will continue to provide updates as events unfold.