MDK Law has secured a win for a condominium owner against a Homeowners Association for violation of RCW 64.34.308(1) and conversion. Following arbitration at Judicial Dispute Resolution, the arbitrator found that the Association had acted unreasonably in selectively enforcing the restrictions concerning the encroachments onto the common areas contained in the Condominium Declaration and the Condominium’s Covenants, Conditions and Restrictions, commonly known as CC&Rs. The condominium owner sought to compel the Homeowners Association to maintain the common area near the condominium owner’s unit, as the Association had maintained other areas of the condominium complex. After the Association failed to maintain the common area, the condominium owner improved the area in a manner similar to other improvements within the condominium complex. Based on advice of the Association’s counsel, the Association removed the improvements made by the condominium owner and failed to return the condominium owner’s property.

This matter underscores the importance of consistently and uniformly following an Association’s governing documents and securing quality legal advice in the event of a dispute involving such governing documents. The failure of the Association to comply with the terms of its governing documents ultimately resulted in a financial loss to the Association of more than $150,000.00.

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