Community Association Law Attorney in Seattle, Washington

Litigation Over Leaves

Seattle, WA commercial litigation attorney Anthony L. Rafel talks about a case in which he was able to defend a homeowners association against its tenants.

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You know, a memorable case in the community association arena for me is a case I recently tried. It was a case in which we represented a homeowner’s association that was being sued by several of the homeowners who alleged that the association had an obligation to cut trees in the common area to preserve views from the individual’s homes. And when those folks bought their homes, they had views of the Columbia River and over time, the tress grew up, and obscured the view.

And this issue had been roiling the community for 10 years they’d been fighting about this issue and had hired multiple lawyers to try to get to resolution. And ultimately, we had to try the issue over the interpretation of the covenants and the underlying facts and we got a judgement that completely vindicated the associations position and the boards position that the board had authority over the common areas and the trees would not be cut to preserve views for individual homeowners. We were also able to recover all of the association attorneys’ fees in that litigation. I think ti was really helpful to the community to settle once and for all an issue that had been disturbing the community for a decade.

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