homeowners: Condominium Developers Should Keep In Mind Condo Act Provisions Requiring Lien Releases For Individual Units
- 10/23/08 07:09 AM
Where a contractor liens a condominium project, the entire project does not need to be held hostage until the claim is negotiated. Instead, developers should take advantage of an important provision in Washington’s Condominium Act requiring a lien release as to individual condominium units upon payment of those units’ common expense liability under the condominium declaration. For example, if a general contractor records a $1 million lien against a 100-unit condominium project, a developer can still sell and close units while the lien is in place. Rather than posting a $1.5 million bond or paying the lien in its entirety, a … (0 comments)
homeowners: Buyer Beware: Even When You Do Everything Right
- 07/10/07 04:30 AM
KOMO News published yesterday a startling story about the homebuyers who did everything right in purchasing their home; only to end up living in a toxic, flooded, waste-ridden moneypit that drove them into bankruptcy. The 1940s farmhouse in Edmonds seemed quiet, picturesque, and the perfect place for the Nealeys to raise their family. Shortly after they moved in, however, the family members began to develop bloody noses, migraines, respiratory infections, and asthma. They soon discovered the cause: only weeks after the family moved in in 2001, heavy rains flooded the small stream running through the peaceful backyard, beginning a season … (10 comments)
homeowners: Agents: Many Washington State Builders Miss Out On New Protections From Construction Defect Claims
- 07/09/07 05:11 AM
Many Washington State builders, particularly in the single-family home market, are failing to take advantage of recent changes to Washington law regarding construction defect claims. Specifically, these builders are failing to include in their purchase and sale agreements a notice to homebuyers that may prevent that homebuyer from commencing a construction defect lawsuit until after the homebuyer has complied with several statutory notice requirements that aim to provide the builder with an opportunity to cure the alleged defects. RCW 64.50, the Construction Defect Claims Act, became effective in 2002 at the instance of the construction industry. The law aims … (4 comments)
homeowners: Washington Supreme Court Decides Form 17 Case Holding No Cause of Action for Negligent Misrepresentation
- 04/20/07 09:27 AM
In March, the Washington State Supreme Court released an important decision involving a seller’s liability for failure to disclose problems with a home’s septic system on a Form 17. The Court held that residential buyers have no cause of action against a seller for negligent misrepresentation based upon inaccuracies in the Form 17.
The case arose when Ms. Bull sold her home to the Alejandres. The home utilized an on-site septic system, and the year before the sale, Ms. Bull noticed soggy ground in the yard over the system. She had the tank pumped and emptied, and a … (5 comments)
The Sleasmans live in a 1,967 square foot, single family residence on .29 acres in Lacey, Washington. Soon after cutting down eighteen trees on their property, they were notified by the City of Lacey that they violated a Lacey code by removing the trees without a permit. The Sleasmans were assessed a fine of $16,861, the trees’ appraised value.
Where a contractor liens a condominium project, the entire project does not need to be held hostage until the claim is negotiated. Instead, developers should take advantage of an important provision in Washington’s Condominium Act requiring a lien release as to individual condominium units upon payment of those units’ common expense liability under the condominium declaration.;)
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