July 30, 2015

We Only Represent Condominium and Homeowners Associations

We often receive calls and emails from individuals who are involved in disputes with their community associations.  However, our office only provides legal representation to condominium and homeowners associations.  It does not accept individual property owners as clients.

The Washington appellate courts have issued several unpublished opinions over the last month that are relevant to community associations.  Posts regarding those opinions are coming soon.  Stay cool out there!

July 3, 2015

Washington Court: Leasing Restriction on Homes Does Not Apply to Condominiums

The Washington Court of Appeals ruled in a recent unpublished opinion that a leasing restriction on "single-family homes" contained in the declaration of a master community does not apply to condominiums within that community.  The Court reached its decision by closely examining the declaration's definitions section.  

The declaration defined the term "home" as "any structure located on a lot ... intended for use and occupancy as a residence by a single family" and the term "condominium" to include "units located in duplexes, fourplexes, and other multi-dwelling-unit buildings."  The Court noted that a "condominium" does not fall within this definition of a "home." 

The declaration also defined the term "living unit" to mean "a building or structure or any portion thereof ... that is designated and intended for use and occupancy as a residence by a single family, including attached or detached houses, condominiums, and units within apartment buildings."  The Court viewed the leasing restriction's reference to the narrower term "homes" rather then the broader term "living units" to indicate that condominiums are not covered by that restriction.

Boards of Washington condominium and homeowners associations should seek legal guidance if disputes arise regarding the meaning of their governing documents.