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Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

Division III: Condo Division Without Condo Owners' Consent Void

Club Envy of Spokane, LLC v. The Ridpath Tower Condominium Association

This case might be of interest to those involved in building condominiums or those who are trying prevent condominiums from being built. Here, Revival wanted to create some condos, and it did so. It then altered the condo association agreement a couple of times, you know, without really talking to the condo association about it and letting them weight in on it.

The old hotel became condominiums on February 20, 2008. A couple of amended declarations were filed, the latest being recorded on August 28, 2008. Under the condominium act, RCW 64.34.262(2), “No action to challenge the validity of any amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.” The key phrase here is “adopted by the association.” Because Club Envy was actually challenging whether there even was a proper amendment because one had not been passed by the association, the statute of limitations did not apply.

Defendants had also argued that Club Envy had waited too long to say anything, and that their silence could be relied upon in moving forward with the changes to the condominiums. However, for silence to mean a cent, Club NV would’ve actually had to have full knowledge of the facts. Without knowing that there was any improper amendment, how could someone challenge it, and how could you consider their silence an assent to something they did not know about.

Essentially, a couple of the directors of the Association didn’t follow the rules, and in doing so took away some of the property rights of some of the condo owners. This was improper:

The record shows the second amended declaration (which created more units, lowered each unit owner's voting rights, and converted some common elements to private ownership) was not passed by all members as statutorily required. Accordingly, the second amended declaration was void ab initio; the trial court properly granted Club Envy's motion for summary judgment, declaring the declaration as such. Because the second amended declaration was void, the trial court properly dismissed Club Envy's other claims relating to application of second amended declaration's voting rights to terms in the first amended declaration. Club Envy acquiesces indicating "resolving the validity of the Second Amended Declaration created an entire resolution to the matter." Resp't Br. at 38.

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