Educational Event for Condos and HOAs!
Law Day North for Condos and HOAs
WSCAI Law Day – Lynnwood, WA
This is a single-day event held at the Lynnwood Convention Center. There will be several legal sessions taught by experienced attorneys who understand the laws that affect Condominiums and HOAs in Washington State. All registrants will be provided continental breakfast and a buffet lunch. A silent auction will be held throughout the day and the winners will be announced during the afternoon reception. The event includes 23 industry-related exhibitors. Net proceeds benefit WSCAI’s Legislative Action Committee (LAC).
Law Day Pricing:
$65 thru 4/14; $75 thru 4/14; $85 At the Door
$89 thru 4/14; $99 thru 4/14; $109 At the Door
Law Day 2017 Program Schedule
8 a.m. Registration / Exhibit Hall / Continental Breakfast / Silent Auction Opens
Continental Breakfast Sponsored by: American Family Insurance – Steve Weidenbach Agency, McLeod Construction, Rafel Law Group, ServPro Edmonds, Lynnwood, Bellevue West
8:45 – 10:15 a.m. Shady Acres HOA v. Abe Froman – a Mock Trial
Shady Acres is a 250-home homeowner association with CC&Rs that include an Architectural Review Committee and other restrictions on improvements to lots. Abe Froman is an owner who renovated his home in 2015. Shady Acres claims Mr. Froman failed to strictly comply with the Association’s governing documents in completing the renovation project, while Mr. Froman claims the Association’s documents are arbitrary and capricious. Negotiations and mediation in 2016 failed, and the parties are proceeding to trial in CAI District Court, Washington State Chapter Division. Attendees will have the unique opportunity to observe this mock trial from start to finish, where the trial participants (attorneys, parties, experts and judge) will highlight all aspects of a community association’s enforcement action, homeowner’s defense, evidentiary issues and live testimony. Jurors will be picked from the audience and ultimately will determine which party prevails. This presentation is designed for attendees who are members of either a condominium or single-family HOA association.
Trial participants include Dan Zimberoff, CCAL, Barker Martin; Sean Hughes, RW Anderson Services; Lizzie Monroe, Harbro; Ken Strauss, Esq., Flanagan Strauss, PLLC; Vanessa Tilberg, CMCA, AMS, Yalnes, Inc.; and Jeremy Stilwell, Esq., Barker Martin.
10:15 – 10:45 a.m. Exhibit Hall / Silent Auction Break
10:45 – Noon Concurrent Sessions (select one)
Problematic Occupancies and Tools For Dealing With Them
Many associations deal with loud tenants, occupants engaged in illegal activity, owners who do not care about the rules, and many other situations where an owner is causing chronic and significant problems for an association. We will discuss your legal options for dealing with these situations. Associations also have to work with people who cause special difficulties for an association. We will discuss options for working with residents with mental illness or disability who damage property or create dangerous situations, but have no intent to cause problems. We will talk about how and when to get help in these situations without discriminating or incurring liability for the association.
We hope participants will learn:
- How to prevent situations in the first place (Documents and Procedures).
- Who to get involved and when (Police, social workers, family, attorneys, etc.).
- Who to deal with (Tenants, owners, managers, attorneys, etc.).
- How to deal with particular types of problematic residents.
- Examples of how some communities handled particular problems.
Presented by: Ken Harer, JD, RS, CCAL & Elissa Brine, Esq., Condominium Law Group
Steering Clear: Serving Associations Without Giving Legal Advice
Community Association managers work in a complex legal environment and the boards they serve expect them to be knowledgeable about warranty rights, corporate governance, insurance coverage, dispute resolution, contracting, fair housing, special declarant rights, landlord-tenant issues, and other legal subjects. Managers are also constrained by budget limitations from turning to legal counsel on every issue. Yet managers are prohibited from practicing law and “giving legal advice.” How can managers provide the service and advice that clients expect, without giving legal advice themselves? This presentation will offer practical guidance on that topic.
Presented by: Tony Rafel, Esq, Rafel Law Group & Michaela Hruba, CMCA, AMS, General Manager, Washington Square Towers
Trees, Greenbelts and Wetlands
From a simple request by an owner to plant a tree to worst case scenarios of falling trees damaging persons or property, every association needs to understand its obligations and potential risks relating to trees. In addition, many associations—particularly homeowners associations, are responsible for wetlands and other protected areas. Google “Trees in an HOA” and over 300,000 results will appear. One of the most controversial issues facing an owners association is tree removal. While there are many practical reasons to remove trees, some residents take a deeply personal interest in their fate. It is the practical versus the emotional.
Presented by Melissa Musser, CMCA, AMS, Trestle Community Management
& Ken Strauss, Esq., Flanagan Strauss, PLLC
Noon – 1:15 p.m. Networking Lunch in Exhibit Hall
Sponsored by: Pacific Rim Investment Management Enterprises (PRIME)
Legislative Update by Theresa Torgesen, Esq. & Beth Schwartz, CMCA, AMS, LAC Co-Chairs
1:15 – 2:30 p.m. Concurrent Sessions (select one)
Voting & Elections
Learn about the challenges with electing qualified board members. We will deal with who can serve, how they get on the board and how they can be removed. We will deal with owner rights to audit election results, and whether secret ballots can be used. We will discuss the most often challenged outcomes, and use of proxies by owners or board members to affect the outcome of elections. We will cover both legal issues, and management issues of elections, and discuss how to fix problems after the fact when you discover differences between how an association has done things (often for years) and how their governing documents require them to do things. Questions will be entertained during the presentation as long as we stay on track.
Presented by: Ken Harer, JD, RS, CCAL, Jennifer De Winter Esq., Condominium Law Group & Marcel Scheel, SUHRCO Residential Properties
To Be or Not To Be An Airbnb – Long-term issues with Short-term rentals
Short term rentals may include a variety of residential stays, from a single night to thirty days or more. Owners may rent out a room, or an entire home. Owners may be individuals looking to make a little extra money, or savvy investors maximizing their dollars in a robust housing market. Whether the impact is positive cash flow for the owners, it may have a deleterious impact on the Association and other members of the community. The issues raised in transient use mixed with homeownership aren’t new, but it is becoming more complex with the rapid rise of our sharing economy. Associations and owners might benefit by looking at some of the noteworthy issues before they land on their doorsteps. Short-term rentals are not inherently noxious; there are benefits and, some will argue, they are an inherent right of ownership. However, without considering some of the potential pitfalls and adverse effects on the community association and relationships between its members, many will find themselves facing unnecessary litigation and very unhappy neighbors.
Presented by Michael D. Brandt, Esq. and Lydia L. Dews, Esq., Brandt Law Group
Meet the LAC
Come and meet your Legislative Action Committee (LAC). The LAC will discuss the recent legislative session, changes in the law and what you might expect to see in the future. This is also your opportunity to share your concerns and ideas that the LAC might pursue in the future.
LAC Co-Chairs: Theresa Torgesen, Sound Legal Partners, PLLC & Beth Schwartz, CMCA, AMS, CWD Group, Inc., AAMC
2:30 – 3:30 p.m. Reception Sponsored by: Superior Cleaning & Restoration
Silent Auction Closes between 3-3:15 p.m. (precise time will be announced at event)