Condo-HOA Blog - Dan Zimberoff
Free Legal Advice
It's going to rain on Saturday, which means you should probably postpone your planned mowing and gardening. If you were thinking of golfing on Saturday, I am sorry to report that I heard someone say that every course in Seattle aerated their greens, so golfing's out, too. Oh, and don't even think about skiing or hiking--the snow has melted and the mountains are closed, plus the 520 bridge is also closed so traffic will be murder. read more
Community Associations Day, September 26th
The Washington Chapter of the Community Associations Institute (WSCAI) is hosting its annual Community Associations Day, or "CA Day" for short, on Saturday, September 26. read more
Alternative to What?
Alternative Dispute Resolution or "ADR" is traditionally thought of as an "alternative" to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after a lawsuit has been filed as a way of attempting to settle cases before trial, ADR is quickly changing from "Alternative" Dispute Resolution to "Additive" Dispute Resolution. Instead of becoming an alternative to litigation, it has become an alternative to trial only. But this is not necessarily a bad thing, because while most people understand that they can file a lawsuit to assert their rights, few people understand whether they have a right to ADR methods or how to initiate them if they do. read more
Birds Chirping, Felix Pitching and Boards Changing
Spring is finally here! Along with the change in season come longer days, warmer weather, baseball (how about them Mariners!) and community association board elections. If you are a board member, or manager, of an association with a newly constituted board of directors you have an opportunity to take a simple step that will set up your community for success in the coming year. It is a one-time action that is guaranteed to continue to pay dividends for at least the next 12 months. Best of all, the process costs nothing (other than 3 – 4 hours of time). What is this magical elixir? A board retreat. I know what you're thinking, "Huh, we have monthly board meetings, why would we take time for yet another "bored" meeting?" Because this meeting is a workshop designed to set the vision, direction and goal of the board for the next 12 months. The board will designate three or four specific objectives to accomplish for the upcoming year, which will result in proactive, focused and results-oriented leadership. A board has numerous ways to set the agenda for the retreat. Here is one suggestion: • Create a vision/mission statement that is relevant to your community. • Use your vision/mission statement to identify and determine the validity of tasks taken on by the board. • Set specific short term and long term goals to be completed in the coming year (be focused—don't overreach). • Develop an annual agenda, parsing out the short term and long term goals to be completed throughout the year. • Determine if committees can be helpful. • Assign a single person to be responsible for each item with agreed upon reporting and communication protocols. Monthly board meetings can then follow the vision and plan established at the retreat, which results in focused and accountable management of the association. Annual retreats/workshops are a proven tool for success in the business and non-profit worlds that can work in community association governance. They are a no-cost, high yield instrument for success. With a season of change and transformation in the air, now is the time for your association to schedule and conduct a board workshop. read more
Great News for Condo Homeowners
Great news for Washington Condominium owners! Filmore LLP v. Unit Owners Association of Centre Pointe Condominium, was accepted for review by the Washington Supreme Court yesterday! Our own Dan Zimberoff authored the amicus curiae brief on behalf of the Washington State Community Association Institute. Supplemental briefs of the parties will be due in early April and the court will set a hearing after that. A short synopsis of the devastating opinion from our prior blog is below. read more