Rafel Law Group

Community Association Representation and Litigation

Rafel Law Group represents community associations and handles both corporate governance matters and construction defect litigation. We help associations successfully transition from developer to homeowner control by advising the board of directors on the association's legal rights and responsibilities under its CC&Rs and by setting up proper procedures for board action. We provide timely and thorough warranty reviews to make sure our clients' rights are preserved and protected, and we work closely with building consultants and engineers so that defects and deficiencies are promptly identified and corrected. We help boards effectively plan and conduct annual and special homeowner meetings. And we provide ongoing advice and counsel, as associations mature, on matters such as rules enforcement, unpaid assessment collection, reserve studies, maintenance plans, unit modifications, and governing document revisions.

We also have a very strong practice in construction defect litigation, representing only community associations in claims for faulty construction. We fully manage the entire litigation process -- site investigation, thorough development of claims, notice to declarant and owners, prosecution of the suit or arbitration, negotiation and mediation, trial and appeal if necessary -- to minimize the burden on board members and community managers. And we continue to assist clients after their claims are resolved, by helping with the selection of repair contractors and construction managers and negotiating contracts with those vendors.

The following are representative of our engagements in this field:

Current Engagements

Trilogy at Redmond Ridge (Redmond, WA) (1500 single family homes at completion): Counsel to the Residential Community Association; advising on transition from developer control and governance issues
Tidewater Cove Condominiums (Vancouver, WA) (101 homes): Luxury condominiums on the Columbia River; represented the association in all phases of its transition from developer control, including successful lawsuits by the association against the developer for recovery of parking spaces improperly retained by the developer and to impose responsibility on the developer (and avoid association responsibility) for cleanup and continued monitoring of environmental contamination of soil and groundwater; currently prosecuting construction defect claims against developer and 25 subcontractors
Heights at Issaquah Ridge Condominiums (Issaquah, WA) (74 homes): Prosecuted construction defect claims against developer; obtained court approval of $8.3 million settlement and settlement funding from insurers for developer, general contractor and subcontractors; one claim still pending against insurer that refused coverage
Rainier Vista (Seattle, WA): Prosecuting claims for defective in-floor heating
Sundance Glen Condominiums (Redmond, WA): Advice and general counsel
Hunters Ridge Condominiums (Sherwood, OR) (14 units): Prosecuting claims for construction defects and developer malfeasance
Sellwood Village (Portland, OR) (14 units): Prosecuting claim for defects in building envelope and resulting damage
Lucas Place (Seattle, WA) (18 units): Representing condominium association in investigation and claim for correction of defective components
Irving Street Towers (Portland, OR) (57 units): Providing advice and general counsel to conversion condominium association in an historic building in downtown Portland
Gabriel Woods (Tigard, OR) (25 units): Investigating possible construction defect claims

Representative Past Cases

Fountain Court Townhomes and Condos (97 homes): After suing for construction defect claims, obtained settlement with bankrupt developer that was approved by the bankruptcy court and funded by the developer's insurance company; proceeded to trial against 3 major subcontractors and won $2.1 million jury verdict
Heritage Place Condominiums (137 units): Prosecuted construction defect claims
Spruce Heights (49 units): Represented conversion condominium association in construction defect case against developer and siding subcontractor; achieved substantial settlement
Courtyard at Progress Ridge Condominiums (Beaverton, OR) (144 homes): Successfully resolved construction defect claims of owners association under cooperative repair agreement with developer/builder
Riverfront Landing B&C Condominiums (Bothell, WA) (41 units): Tried case in arbitration against 4 subcontractors; won award in excess of $2 million, and attorney's fees and costs; successfully prosecuted follow-on action against one insurer that refused payment - claim later settled for more than the amount of the arbitration award against its insured
Seward Park Townhomes (Seattle, WA) (41 units): Filed suit on behalf of condominium association for construction defects; obtained early settlement under a wasting "wrap" policy
Sundance at Klahanie Condominiums (158 units): $8.6 million settlement (3 separate lawsuits, including suit against insurer for bad faith refusal to provide coverage)
Heatherwood at Lakeland Condominiums (92 homes): Represented condominium association in construction defect claims against developer and subsequent action against AIG for failure to provide insurance coverage; obtained court determination that $8.1 million settlement was reasonable
Overlook at Juanita Bay Condominiums (33 units): Prosecuted construction defect claims and claims for insurance bad faith
Fujisada Condominiums (25 residential units): $4.7 million settlement (2 suits: one in court against developer and the other in arbitration against general contractor)
Waterford Court Condominiums (28 units): Confidential settlement
Sjonadal Condominiums (8 units): $800,000 settlement with 100% recovery in case with no insurance coverage
Montere Condominiums (61 units): $4.67 million settlement following litigation with 22 parties
Latitude Condominiums (240 units): Confidential settlement with conversion developer
Sierra at Klahanie Condominiums (98 units): $9.0 million settlement
Westgate Condominiums (40 units): $1.5 million settlement plus full reimbursement of association's attorney fees and costs obtained, without litigation
Seaview Terrace Condominiums (48 units): Confidential settlement
Belgrove at Renton HOA (65 homes): Sued to compel turnover of association documents; obtained complete relief including attorney's fees and costs