Info Bytes 04.14.22

CIC Info Bytes are frequent, succinct updates that provide educational and engagement opportunities to help your community thrive!

A Note About Ukraine

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    • PAY HEED to Requirements External to your Governing Documents

      • A Seattle association refused to allow the Fire Department to conduct required life safety inspections due to concerns related to COVID-19.

        1. The result? The City sued the association revealing a very expensive lesson: understand the limits of your authority

        2. Associations are not fiefdoms, nor are they insulated from, nor immune to external forces. Read: ASK WHY? Are Empathy and Reason your Stars and Stripes?


    • Duty of Care (Redux)

      • The most recent language from the Washington Supreme Court is so powerful that it deserves an extra highlight this week.

      • There's a lot to learn, but the volume of knowledge is not a reason to choose your own adventure! Check out the entire Duty of Care page. Supreme Court quotes:

        1. While courts do not owe deference to a homeowners' association's interpretation of its governing documents, courts do owe appropriate deference to their reasonable discretionary decisions.

        2. Discretion is not reasonably exercised when the procedures laid out in the governing documents and relevant statutes are not followed or when the information used in the decision-making process is not reasonably accurate.

        3. Riss suggests that when a [CIC] makes a discretionary decision in a procedurally valid way, courts will not substitute their judgment for that of the association absent a showing of "fraud, dishonesty, or incompetence (i.e., failure to exercise proper care, skill, and diligence)."

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