HARKER | LEPORE

Attorneys at Law

 

August 24, 2022

 

All Owners of Record

Fairway Village Homeowners Association RE:  Litigation Update

 

Dear Owners:

 

My office serves as general legal counsel to your homeowners association. In May of last year, one of the owners in the community filed a lawsuit against the Association. The owner alleged that the Association’s CC&Rs and rules relating to political yard signs are illegal. The lawsuit was filed in Clark County Superior Court as case number

21-2-00886-06.

 

Shortly after the lawsuit was filed, the Association’s insurance carrier appointed defense counsel to defend the Association in the litigation. That attorney is Simone McCormick, a very experienced civil litigator based in Seattle.

 

Ms. McCormick filed a motion for summary judgment after the litigation was underway. This type of motion allows the Court to decide the case without trial, but can only be used when there are no disputes of fact. Here, there were no factual disputes; there were only legal issues for the judge to decide. Last month, the judge ruled in favor of the Association, and dismissed the lawsuit. The Court also ruled that the Association was entitled to recover its attorney fees of more than $44,000.00.

 

The owner disagrees with the Court’s decision, and has now filed an appeal. The Notice of Appeal was filed August 15, 2022. Both sides will now prepare written briefs which will be submitted to the Washington

 

Court of Appeals, and oral argument will be scheduled. Appeals often take more than a year to conclude, most of which is spent waiting for the appeals court to issue its written opinion.

 

The Association’s insurance carrier is continuing its obligation to defend. Therefore, it is likely that Ms. McCormick’s office will be handling the appeal on behalf of the Association.

 

Because of the lawsuit and appeal, it may be difficult for owners to sell or refinance their home until the litigation has concluded. If you are in the process of selling or refinancing your property, I encourage you to speak to an attorney to determine your obligations to disclose the lawsuit.

 

Please contact me if you have any questions.

 

Sincerely,

 

 

Kevin V. Harker

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Kevin V. Harker, Partner                                      Portland Office:

kevin@harkerlepore.com                                    915 NW 19th Ave., Ste H

503-922-1939                                                      Portland, OR 97209