Condominium and Homeowner Associations

We provide legal representation to Condominium and Homeowner Associations and to homeowners.  Our representation covers a wide range of issues that may arise for both Associations and homeowners.  If you are on the board of an Association, we can provide answers to questions that you may have regarding your role, and the authority and responsibilities you may have as a board member.

The smooth and efficient operation of your Association depends upon the proper formation of the Association and the careful drafting of the documents that will govern the Association.  We provide the following services:

  • Drafting Association governing documents
  • Drafting enforceable covenants (aka CC&Rs) and Bylaws
  • Contract drafting and review for vendors, landscapers, management companies, snowplow, fence or other common area service providers
  • Drafting resolutions, policy statements, rules and regulations
  • Education sessions for new board members on responsibilities under the law and your specific Association governing documents

Where declarations, bylaws, and CC&Rs already exist, we can assist you in interpreting and amending the documents and help you make sure that your Association meets all the requirements of the Washington Homeowner Association Act and the Washington Condominium Act.

At Butterworth Davidson PLLC, we are happy to be of assistance to Association boards with answers to day-to-day operations questions.  In addition, we can also review contracts that the association may be considering, prior to execution, in order to protect the Association and individual homeowners.  We can also provide education to new board members to help ensure that the affairs of the Association continue to run smoothly.

We provide assistance to Associations if they have a homeowner who refuses to abide by the rules which govern the Association, despite warnings and fines that may have been issued. Butterworth Davidson PLLC can help you encourage compliance without disrupting good neighborhood relations.  This begins with the careful drafting of CC&Rs and other governing documents and the ongoing education of board members.  In the event that a homeowner still fails to abide by the rules of the Association, we can provide Associations the tools they need to resolve conflicts in the early stages in an effort to resolve the matter without legal action.  When necessary, Butterworth Davidson PLLC can take the necessary legal action to ensure compliance and protect your Association.  If legal action is necessary, we will make every effort to pass the costs of legal action on to the non-compliant owner.

If a homeowner fails to pay any assessments or dues, the Association may need to act immediately to record a lien with the county.  In the event that a lender decides to foreclose the homeowner’s unit, the Association will more likely be contacted regarding such foreclosure.  If a Notice of Trustee’s Sale is sent to the Association, the Association should promptly mail the trustee a letter regarding the assessment owed.  In the event an Association decides to foreclose on a unit, Butterworth Davidson PLLC can assist with the foreclosure.

Our Attorneys speak on a variety of topics that may be of interest to your Association.  Please contact us if you would like us to speak at your next Association meeting.