[WSBARP] cba arbitration

Wed Jan 4 17:33:39 PST 2017

The Commercial Brokers’ Association contract says, in words, that a dispute between members shall be settled by arbitration, and the decision by the arbitrators shall be whatever they decide, unbound by law, precedent, or any other commonly accepted decision basis.  It is of course subject to the private arbitration statute, RCW 7.04.  But if the contract says what I think it says there are virtually no appeal rights.  They don’t have to decide anything in accord with any principles and are not accountable for consideration of evidence or favoritism or prejudice of any kind.  This smells bad.  But I have never litigated from a cba arbitration result.  Can any of you shed any light on how to get a substantive appeal or change of decision from a horrible result involving unlicensed person being awarded part of a commission??

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: scott scottgthomaslaw.com [mailto:scott at scottgthomaslaw.com]
Sent: Wednesday, January 4, 2017 5:08 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] HOA lien collection

Thanks to all who put the time and effort into making such informative comments.
On January 4, 2017 at 11:54 AM "John M. Riley III" <JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com>> wrote:

And all the common law and equitable theories if the HOA has a long history of doing any of the following without objection and with full acceptance of users:  treating the payment of the system expenses as an assessment owed by the system users, assessed each user for their share,  received payment from the users, charged interest or late fees for unpaid assessments, asserted liens for the unpaid assessments, and foreclosed on the liens.   i.e. See Ebel.

John M. Riley III
Principal | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Wednesday, January 04, 2017 11:27 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] HOA lien collection

Thanks, I forgot to mention that there is currently no authority in the covenants.  I suppose the follow-up question would be if the covenants were amended, would authority then exist (i.e., may a lien right be created outside of Title 60 RCW?)

On January 4, 2017 at 10:53 AM "John M. Riley III" <JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com>> wrote:

Are there covenants for the development that address the issue?  If so, what do they say?   As a recent email on HOA liens, I believe by Mr. Strichartz, said, there is no lien right in the statute.

John M. Riley III
Principal | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Wednesday, January 04, 2017 10:24 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] HOA lien collection

I have a group of clients that have approached me with a question that I have not been able to find an answer to: may an HOA, pursuant to Chapter 64.38, enforce a lien for non-utility related charges, fees, and assessments payable to the HOA by terminating water service for a delinquent homeowner?  HOA owns the water system.  I am aware that local governments have that authority per RCW 35.21.300, but do non-governmental entities also have that authority?

All thoughts appreciated.

Thanks.

Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
(360) 503-1042
www.scottgthomaslaw.com<http://www.scottgthomaslaw.com>

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