[WSBARP] CC&Rs Arbitration Gurus

Clark, Catherine Cat at loccc.com
Wed Sep 2 07:48:46 PDT 2015


Superior Court.


Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, September 01, 2015 4:23 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] CC&Rs Arbitration Gurus

Client won an arbitration against HOA construing a provision in the CC&Rs.  But Arbitrator didn't award atty fees in contra to CC&Rs.  Pursuant to RCW 7.04A.240, I want to move the court to confirm the judgment and to modify the award of atty fees.  I am not sure how to read RCW 7.04A.260.  What does "A court of this state having jurisdiction over the dispute and the parties may enforce an agreement to arbitrate."  The initial issue was the construing the CC&Rs (i.e. for example, are chickens allowed?) and I want to confirm that ruling but move the court to modify the ruling to allow atty fees (which are under $15K).  So which court has jurisdiction over this matter?  District or Superior Court?  Sorry for such a basic litigation question.
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