Michael Spence

Senate Bill Proposes to Repeal Condo and HOA Laws

Real Estate

On January 17, 2024, the Senate Law and Justice Committee took testimony on SB 5796, a massive 193-page bill which proposes major changes to the law of condominiums, cooperatives and homes governed by a HOA.  In a nutshell, this legislation repeals existing condominium and HOA law in favor of the Washington Uniform Common Interest Ownership […]


Michael Spence

Legislature Passes Landmark “Middle Housing” Bill

Real Estate

On May 8, 2023, Governor Inslee signed HB 1110, commonly known as the “Middle Housing Bill”. The Middle Housing Bill represents the culmination of years of advocacy by groups concerned about the affordability of housing in Washington State, especially the Puget Sound.   The Middle Housing Bill strongly encourages “middle housing”, which includes 2 to 6- […]


Michael Spence

Supreme Court Voids One-Year Builder Warranties

Real Estate, Uncategorized

On October 27, 2022, the Washington Supreme Court pronounced in a 5-4 ruling that the one-year builder warranty was “substantively unconscionable and, therefore, void and unenforceable” because it deprived the home buyer of the 6-year statute of limitations for construction defects contained in RCW 4.16.310[1], benefited the builder, was not set out prominently in the […]


Michael Spence

Seattle Considering Commercial Rent moratorium and Mandatory Payment Plans

Coronavirus / COVID-19, Land Use, Real Estate

On Tuesday, April 13, 2020, the Seattle City Council passed Council Bill 119766, relating to commercial tenancies involving small businesses or nonprofits. The ordinance would temporarily place a moratorium on rent increases for these tenants and would require landlords to negotiate payment plans for overdue rent. As of this writing (April 16, 2020 ), the […]


Michael Spence

COVID-19 and Your Real Estate Transaction

Coronavirus / COVID-19, Land Use, Real Estate

The COVID-19 pandemic and Governor Inslee’s “Stay Home, Stay Healthy” order have stopped your real estate transaction dead in its tracks.  The earnest money is in escrow, but Washington is shut down for all but “essential services”, which does not include real estate at this time.  What are your options? If your transaction involves Northwest […]


Michael Spence

Buyer Beware is Still the Law of the Land

Land Use, Real Estate

Washington’s Seller Disclosure Statute, RCW 64.06, originally passed in 1994, required Sellers of real property to disclose “material defects” on a Seller Disclosure Statement, which quickly became known as a “Form 17”.  A special provision of RCW 64.06 provides that the statutory obligation to disclose material defects is independent of the common law principle of […]


Michael Spence

Governor Signs Sweeping Changes to Washington Landlord-Tenant Laws

Real Estate

On May 14, 2019, Governor Inslee signed SB 5600, a bill that dramatically alters the landscape of Washington residential landlord-tenant law.  The effective date of this legislation is July 27, 2019.  SB 5600 does not apply to commercial real estate. Residential landlords and property managers need to be well-versed in these changes, which are as […]


Michael Spence

PLIA Announces New Revolving Loan and Grant Program for Contaminated Commercial Properties

Environmental, Real Estate

The Washington State Pollution Liability Insurance Agency (PLIA) has just announced a new revolving loan and grant program under which low interest loans of up to $2 million are available to install, retrofit, close or clean up underground storage tanks (UST’s) on contaminated commercial properties.  The grant or loan can be used on any site […]