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 […]


Scott Johnson

Update of the State Eviction Moratorium and CARES Act Protections

Coronavirus / COVID-19, Landlord Tenant, Real Estate

On October 14, 2020, Governor Inslee issued Proclamation 20-19.4 that extended and revised the scope of the state-wide eviction moratorium contained in Proclamations 20-19, 20-19.1, 20-19.2 and 20-19.3.  The moratorium had been set to expire on October 15, 2020.  The following is a summary of the provisions of the moratorium as now contained in Proclamation […]


Scott Johnson

CDC’s Nationwide Residential Eviction Order

Coronavirus / COVID-19, Landlord Tenant, Real Estate

CDC’s Nationwide Residential Eviction Order On September 2, 2020, the United States Center for Disease Control (“CDC”) issued a nationwide moratorium on residential evictions until December 31, 2020 (the “Order”).  The purpose of the moratorium (and the legal basis for the CDC’s adoption of the Order) is to protect public health by preventing evictions that […]


Brandon Gribben

Seattle’s First-in-Time Ordinance Will Remain the Law After U.S. Supreme Court Declines to Hear Appeal

Landlord Tenant, Real Estate

This week the U.S. Supreme Court declined to hear an appeal of Seattle’s First-in-Time ordinance. The First in Time ordinance – believed to be the first in the country – was passed by Seattle City Council in 2016. After initially being declared unconstitutional by King County Superior Court Judge Suzanne Parisien, it was appealed directly […]


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 […]


Online Remote Notarization Keeps Real Estate Transactions Moving Forward

Coronavirus / COVID-19, Land Use, Real Estate

Washington allows real estate documents to be executed by e-signatures rather than wet-ink signatures.  However, many real estate related documents require notarization.  The ability of individuals to properly execute deeds, deeds of trust, long-term leases, easements, covenants and other real estate documents requiring notarizing, has become increasingly difficult under the COVID-19 social distancing orders and […]