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

This past weekend I spoke at the Community Association Institute's ("CAI") South Sound Law Day on the topic of association records. Based on the number of questions from the audience on owner requests to obtain or review records, I thought I'd summarize some highlights here. read more

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

Most every community association possesses discretion to grant a permit, license or variance for specified conduct of its members. For example, a homeowner association that has a 30-foot height limitation for structures on lots conceivably could grant a variance to an owner who wanted to build a 21 foot home due to extraordinary topography conditions. Or perhaps a condominium association could grant a permit for a disabled owner to use an elevator ordinarily restricted to commercial use. There is a limitless set of examples where permits, licenses or variances may be acceptable in the community association context. read more