Archive For: Business & Real Estate Law

New Condominium Law / Common Interest Ownership Law In Washington State

By: Washington State Business and Real Estate Law Lawyer William O. Kessler

The newly-passed Washington Uniform Common Interest Ownership Act (WUCIOA) will take effect on July 1 of this year. The WUCIOA is comprehensive and regulates the formation, management and termination of common interest communities (CICs). Covered communities include condominiums, plat communities, and cooperatives. Application The WUCIOA will apply to all CICs created after July 1, 2018 and allow for current communities to adopt its provisions. There is one important exception. Section 326 will control the budget process and subsequent ratification and will apply to all CICs regardless of the date of creation. This section will require specific content to be contained...Read More

Washington State Bar Association Appoints David Tingstad As Chairman Of Practice Primer Development Team

By: Washington State Business and Real Estate Lawyer David C. Tingstad

Beresford Booth lawyer David C. Tingstad was recently appointed by the Washington State Bar Association as Chairman of the Practice Primer Business Law Series. The WSBA Practice Primer is a continuing legal education program that takes a substantive area of law and develops a series of learning tracks that build upon one another. Completion of each session in all three learning tracks provides attendees with a solid educational foundation and primer for practice. While the Practice Primer was developed for new members of the WSBA, the series will be of interest to those lawyers looking to transition into additional practice...Read More

When There Is Something Strange In Your Neighborhood…

By: Washington State Litigation and Business Law Lawyer Babak Shamsi

It may be your very own neighbor.  While many of us want to co-exist peacefully with our neighbors, you cannot always choose your neighbors, and they may have other goals in mind.  Conflicts between neighbors can arise in a variety of contexts, from tree cutting disputes to boundary disputes.  However, one of the most unsettling conflicts occurs when a neighbor trespasses onto your land and causes damage to your personal property. Perhaps a neighbor damages your fence or knocks down your retaining wall.  Whatever the case, having a neighbor enter onto your land without your permission and cause damage to...Read More

Appointing A Special Master In Lawsuits In Washington State

By: Washington State Litigation, Business and Real Estate Law Lawyer William O. Kessler

The lawyers can see it coming. By their nature, certain lawsuits are primed from the outset to cost the parties excessive money and time, regardless of the amount in controversy. A certain a piece of litigation might involve a technical or complex area of the law. It might require ongoing and frequent oversight of the discovery process. It might involve heavy pre-trial factual analysis, such as damages determined by an expert and/or a complicated CPA-generated accounting. Finally, some litigation might call for compliance with a litany of settlement requirements. In cases like those, an often-underutilized solution is the Special Master....Read More

Washington State’s New Power Of Attorney Act

By: BeresfordBooth

A power of attorney gives powers to another party (commonly known as an agent or attorney in fact) to act on his or her behalf. A power of attorney essentially allows the agent to step into the shoes of the principal, and perform all acts a principal could perform in his or her own right. The scope of the power of attorney may include dealing with financial matters as well as health care decisions. It can be a useful tool when the principal is unable to manage his or her own affairs for any reason, such as travelling, hospitalization, or...Read More

When Should A Creditor File A Bankruptcy Adversary Action?

By: Washington State Business and Bankruptcy Lawyer Jonathan P. McQuade

Typically, creditors have little to no recourse when a debtor files for Chapter 7 or Chapter 13 bankruptcy. Unless the debtor has sufficient non-exempt assets to pay all of his creditors, or the debts are secured by homes, cars, or other tangible items, the debts will likely be discharged – i.e., wiped out – leaving creditors with little to no recovery on their debt. In certain instances, however, debtors cannot discharge debts because of how debtors incurred the debt. If   The debt was obtained by false pretenses, false representation, or actual fraud; or The debt arose from fraud or...Read More

David Tingstad To Present “Advanced LLC Issues” At The NBI Seminar On September 25, 2017

By: Washington State Business and Real Estate Lawyer David C. Tingstad

Advanced LLC Issues is presented by the National Business Institute on Monday, September 25, 2017, at the Washington State Convention Center in Seattle, WA. Are you prepared to handle the advanced questions and issues your clients may have regarding LLCs? This information packed program goes beyond the basics of establishing and operating an LLC, and digs deeper into some of the more complex scenarios arising from LLC ownership and management. After attending, you'll be able to help clients make intelligent tax planning choices. As a trusted advisor to your clients, you need to be able to guide them with spot-on,...Read More

Protect Your View With A View Easement / View Covenant

By: Washington State Real Estate Law Lawyer William O. Kessler

If you own real estate in the greater Seattle area, you may have view of Puget Sound, Lake Washington, another lake, or even a valley view. Either way, if you have a view, you likely want to protect it for your own enjoyment, and to preserve your property’s market value. Whether or not your view is already blocked, you may find yourself asking two main questions: 1. Can I make my neighbor cut his trees? 2. Can I prevent my neighbor from building higher? Unless you have a recorded View Easement (aka View Covenant), your neighbor has no obligation to...Read More

David C. Tingstad Spoke At Webinar About Washington State’s LLC Act

By: Washington State Business and Real Estate Lawyer David C. Tingstad

The webinar covered the following: Understand the recent changes and additions to Washington’s LLC Act.LLCs are far and away, the most used legal entity in Washington and across the country. In 2016, Washington adopted a new limited liability company act (the 'Act'). The Act made substantial changes to existing Washington law such that any practitioner forming LLCs, reviewing LLC agreements or involved in disputes between LLC members must be fully informed. This topic helps practitioners understand the Act, identify the provisions of LLC agreements affected by the Act and assist practitioners counseling LLC members. Without an understanding of the Act,...Read More

Creating Positive Outcomes For Our Clients

By: Washington State Business and Real Estate Law Lawyer William O. Kessler

The lawyers of Beresford Booth harness our expertise to maximize the benefit for our clients in any given situation. This can mean transforming a seemingly dire situation to a positive outcome. We enjoy creating efficient and successful outcomes. Recently, we had a client whose financial position was bleak. His wife had died, leaving property in his hands. He called Beresford Booth PLLC and we helped our client take control of the estate. We quickly realized that as part of the estate, our client and his wife owned a shared property with a partner. We established that the partner owed our...Read More