Click on the above link for a summary of Washington case law from 2013 through April 2014 on topics such as residential and commercial foreclosures, condominium and homeowner associations, construction disputes, easements, adverse possession, residential and commercial landlord-tenant disputes, title insurance, and various other real estate related topics. If you have any questions about these or other legal issues, please do not hesitate to call Zeno Bakalian at 425-822-1511.
In Buck Mountain Owner’s Ass’n v. Prestwich, 174 Wn.App 702 (April 2013), the Court held that when a written road easement does not address who is responsible for road maintenance, courts may, in equity, order a neighboring owner who is not a member of the homeowners’ association (“HOA”) to pay road maintenance assessments levied by the HOA. However, that court order is not a covenant running with the land. Similarly, see Northwest Properties Brokers Network, Inc. v. Early Dawn Estates Homeowner’s Ass’n, 173 Wn.App. 778 (Feb. 2013). There, the Court ordered a non-HOA neighbor with an written road easement that also did not address road maintenance to pay 1/37th of the HOA’s road maintenance expenses, as there were 37th lot owners who used the road to access their lots.