Kansas, of course, is in the heart of Tornado Alley and home to the most famous tornado of them all: the one that swept Dorothy into the Land of Oz. Recently, however, Oregon and Washington felt the effects of multiple tornadoes. Two tornadoes touched down in Oregon in October. Tornado warnings were also issued for several cities in Washington. The tornadoes and strong winds wreaked havoc on homes across Oregon and Washington. Although not frequent, tornadoes do occasionally touch down in both Oregon and Washington. Because we are not accustomed to tornadoes, many are probably wondering whether their homes and associations are covered. Fortunately, property damage caused by strong winds and tornadoes are typically covered under standard homeowner policies. To be safe, a simple phone call to your broker or agent will confirm the coverage. read more

It is often said that this U.S. presidential election has been the most polarizing election in modern times, if not all time. Because of the strong opinions on every side, more and more community associations are having to address not just the mere existence of these signs, but also the content. read more

(Don't worry. No discussion of the Presidential race which means it's safe to read on.) Many community associations are preparing to elect new directors this time of year. As you approach elections, I offer a couple of observations for comprising a board of directors. read more

Today, the Washington State Supreme Court published its ruling in Filmore LLLP v. Unit Owners Association of Centre Pointe Condominium. The opinion may be found here. For condominium owners and managers within the State of Washington, this is one of the most highly anticipated court decisions in years. The issue before the Court was whether a declaration amendment that imposes a rental cap, or ceiling, requires 67% approval, or constitutes a change in use, requiring a supermajority 90% approval of unit owners. The Court had an opportunity to decide what constitutes a "use," as that term is used in the Washington Condominium Act ("WCA"), but sidestepped the question, and instead, limited its analysis to the specific language of Centre Pointe Condominium's declaration. The court stated: But we need not interpret the WCA here because, in contrast to RCW 64.34.264(4), the Declaration itself identifies a number of "uses" that come within the special supermajority voting requirement in [the Declaration]. Where does the ruling leave condominium associations within Washington today? 1. The ruling is limited to condominiums governed by the WCA; thus, "Old Act" condominiums and homeowner associations should remain unaffected. 2. The Filmore decision turned on specific language of the Declaration. Consequently, all WCA, or "New Act", condominium associations will have to look beyond RCW 64.34.264(4), and consider how their particular Declaration defines or refers to "uses" in determining what percentage of owner vote is required to approve a Declaration amendment. 3. Piggybacking on number (2) above, it is conceivable that persons will use the Filmore opinion to challenge almost any Declaration amendment, arguing the amendment changes the "use" of a unit, thus triggering a 90% supermajority approval; especially in instances where the proposed amendment covers a provision identified or referred to in the Declaration as a "use." Given the differences in language utilized in various condominium Declarations, any New Act condominium that is contemplating amending its declaration should consider the impact of Filmore on its proposed changes or modifications. If you have questions, we highly recommend you seek qualified legal assistance. I or one of my colleagues at Barker Martin remain available for assistance on this, or any related community association matters. read more

Typically, in order to trigger a Director and Officer's (D&O) coverage, a claim must be "made" within the policy period. This is commonly referred to as a "claims made" policy. Many D&O policies also require that the claim be reported during the policy period. These are commonly referred to as "claims made and reported" policies. read more