A new Seattle ordinance, effective February 19, 2018, prohibits landlords from screening tenants based upon their criminal records. According to its proponents, the law, unanimously adopted by the Seattle City Council last August, is intended to lower barriers to housing for people with criminal histories, who are often rejected by landlords. Opponents of the measure argued, among other things, landlords' ability to use criminal background information to protect property and other residents was an important tool. Whether other cities in the Pacific Northwest will adopt similar measures is unclear, but the Fair Chance Housing Ordinance, SMC Chapter 14.06, is now law in the City of Seattle. Keep in mind that similar restrictions exist beyond Seattle in the federal Fair Housing Act, where associations with tenant screening restrictions are not able to obtain FHA financing. read more

A lot has been said about community association rules, but most of these discussions center on the content of the rules as opposed to the overall language used or impression the rules give to owners within the community. Yet, there is another aspect of rules to consider. A good set of rules conveys not only what is permissible in a community, but says something about the character of a community. read more

It's an all too familiar story: a store customer slips on spilled liquid in an aisle, is injured in the fall, and sues the store. Whether the customer can hold the store responsible depends on a variety of specific facts, including whether the store knew or should have known about the spilled liquid before the customer fell, and whether the store took steps to protect customers from potential falls. In the legal realm, this is called "premises liability" - meaning a property owner can be held responsible for injuries sustained by guests, invitees, and, sometimes, even trespassers. read more

The Washington Condominium Act (WCA) implied warranties are again under attack by some in the building industry. In the 1990s and early 2000s there was a glut of terrible construction that resulted in huge repair costs and a lot of litigation. The WCA warranties provided recourse for many owners with construction defects during that time. The warranties have also forced the construction industry to raise the "industry standard" when it comes to quality construction. Removing such protections would pave the way for a repeat of past mistakes read more

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