Washington Court Rules that Condo Association's Insurance Covers Tenant

A Washington appellate court recently decided that a condominium association’s insurance policy covered a unit owner’s tenant as a coinsured party because the lease did not specifically state otherwise. This is significant because associations’ insurers may not attempt to shift the cost of repairing damage caused by a tenant’s negligence or misconduct to that tenant if he or she is covered by the association’s insurance policy. Washington community associations should consider requiring leases to state that the tenant is not covered by the association’s insurance policy. This could help those associations avoid higher insurance premiums in the future.

Community association insurance can be a difficult subject to grasp, but boards must confront it in order to fulfill their legal duties. Identifying and understanding the portions of the governing documents and state law that govern insurance is the first and most important step. An attorney who focuses on representing Washington condominium and homeowners associations can make this complex area more accessible.

My Twitter Account Is Another Source of Useful Information for Condo Boards

It is wonderful to live in a time when information can be shared in so many ways. Given the many personal and professional demands on my time, it can be difficult to find the time to write blog posts that meet my high standards in terms of content and style. However, it is usually possible for me to spend a few minutes each morning reading the day's news in general and what other condominium attorneys around the country have written on their blogs in particular. The best stories and posts are included on my Twitter account.

Some attorneys focus their Twitter accounts exclusively on their practice area. I decided to give my account a broader scope that reflects my interests in a more comprehensive way. News and posts relating to condominium and homeowners associations play a major role, but I also include anything else that I think is interesting and deserving of wider attention. Entries about the real estate market, the economy, science, and technology are plentiful. The last five entries provide a good indication of the account's "flavor":

Money Beagle: The wild-card risk of buying a condominium unit. http://bit.ly/uwCZtu

Seattle Times: Rental-property managers find themselves in a sweet spot. bit.ly/uif3kT

Yahoo: Futuristic Taiwan Tower will borrow its design from a tree. yhoo.it/vwG5cQ

AP: Rabbi to become army chaplain, beard and all. yhoo.it/u9hBgY

Seattle Times: Bellevue's Kindering is oasis for special needs kids. bit.ly/u3cZaG

If you would like access to more news regarding community associations and related topics than is provided on this blog, then following my Twitter account may be just what you are looking for. And, as an added bonus, you'll learn a lot about the continuing exploration of our solar system.

Resident Hero Fights Condominium Fire Caused by Smoking on Deck

On September 22, off-duty firefighter Dan Hess grabbed his gear to battle a blaze on the roof of his north Seattle condominium building. Described as a hero by his neighbors, Hess helped to contain a fire ignited by lit cigarette embers that fell through a deck.

The Washington Condominium Act gives associations the authority to regulate the appearance and use of limited common areas like decks unless their governing documents provide otherwise. Condominium boards can thus usually approve rules regulating or restricting smoking on decks in order to reduce fire and nuisance risks. Consulting with the owners to gauge the level of support for proposed rules affecting smoking on decks is a good initial practice. Boards should also consider asking the association’s attorney to evaluate proposed anti-smoking rules before a vote is taken.

I Was Just Quoted in an Article About Homeowners Associations on MSN.com!

I was recently quoted in Scot Meyer's article Homeowners associations: Can you fight them and win? on MSN.com. I was pleased to see that he began by emphasizing the positive qualities of community associations that are regularly experienced (and sometimes taken for granted) by a vast multitude of people every day. I was also happy to see him stress at the outset that owners have internal political remedies at their disposal to address their legitimate grievances and effect change in their communities.

The Changing Landscape of Community Association Law

The October edition of the King County Bar Bulletin contains an article that I authored describing new laws affecting Washington condominium and homeowners associations. The full article can be found on my office’s website. Much of its content has previously appeared on this blog, but the new concluding paragraph expands on that content by emphasizing that most boards can derive great benefit from collaborative relationships with attorneys who focus on community association law.

Court Upholds Huge Penalty on State Agency for Failing to Disclose Records

The Washington Court of Appeals issued a published decision last week in the matter of Ken Bricker v. Washington State Department of Labor & Industries. In this case, Mr. Bricker sued a state agency after it failed to release public records to him. The trial court imposed a $90 per day penalty for the untimely disclosure of sixteen documents and a $15 per day penalty for the untimely disclosure of three additional documents based on the Washington Public Records Act. The total penalty was $29,445. It was upheld on appeal.

While the Washington Public Records Act does not apply to Washington condominium and homeowners associations, those entities are similarly required by other state laws (and frequently their own governing documents) to make their records reasonably accessible to owners. If those associations fail to promptly disclose records, then they are subject to court-imposed financial penalties. The Bricker decision demonstrates why boards should take owners’ requests to review association records seriously.

New Medical Marijuana Laws Force Seattle Condominiums to Choose Sides

In 1998, Washington state voters approved a law permitting the use of medical marijuana by patients with certain terminal and debilitating medical conditions. On July 22, 2011, that law was amended to expand state-sanctioned patient protections, permit the formation of collective gardens managed by up to ten qualifying medical marijuana patients, and authorize cities to regulate medical marijuana.

Seattle City Ordinance 123611 went into effect on August 21, 2011. It seeks to regulate the possession, production, and distribution of medical marijuana in light of the fact that there are currently a number of medical marijuana dispensaries operating in Seattle. However, that ordinance also notes that local licensing of medical marijuana does not change the fact that possession, production, and distribution of marijuana (medical or otherwise) violate federal law. Washington Governor Christine Gregoire recently warned that medical marijuana patients and their providers remain subject to federal prosecution and should carefully evaluate the risks associated with their conduct.

Medical marijuana gardens and dispensaries are illegal. Seattle condominium associations confronted with requests to operate marijuana-related enterprises can just say no. Associations that are inclined to grant such requests should first seek the advice of an attorney in order to understand the possible ramifications of that course of action.