One of the benefits of being general counsel for many community associations—both HOAs and condos—is that we can recognize frequently misunderstood, confusing and difficult issues, and help our clients avoid them. One misunderstanding that arises quite frequently is the failure to properly distinguish between directors and officers. With election season approaching for many of you, we thought a short discussion about a few director v. officer distinctions might be helpful.* read more

You live in a condominium association and happily (ok, probably not "happily") pay your dues each month. Your board has diligent members and your association is well insured. What could go wrong? Well, lots can go wrong, unfortunately. Life is full of unexpected twists and turns. A slip and fall accident might find the association on the wrong side of a lawsuit. Or, the association might discover hidden property damage that must be repaired. There is a myriad of unforeseen liabilities that an association may incur. read more

As the leaves begin to change and the temperature begins to drop, that can only mean one thing… Fantasy Football is back! Ok, perhaps not the answer you were expecting. It is estimated that more than 59 million people will participate in some form of fantasy football this year. Personally, I look forward to taking the money of my friends and coworkers. Our Seattle office will continue to pick every Seahawk (including the beer vendor and Ciara) long before the experts predict. I'd say it is like taking candy from a baby, but as a parent I know that is not an easy task. read more

Committees can be a productive tool for condominium and homeowners associations. Committees, such as budget committees or architectural control committees, can promote increased participation by owners, benefit from unique owner expertise, and help reduce the workload imposed on volunteer board members. However, to properly benefit from the use of committees, it is essential that they are created and operated properly. read more

A large part of my practice is assisting associations and property owners with first party insurance claims. For those I haven't had a chance to work with, a first party insurance claim is a claim against an association or owner's own property insurance policy. These claims often involve significant property damage to properties that are past the statute of limitations to pursue the developer or contractors that built or converted the project. Washington has been ahead of the curve with respect to recovery on first party claims. Oregon, for reasons too lengthy to discuss here, has generally been unfavorable to first party claimants. read more