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 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; representing the association in its transition from developer control and protection of warranty rights; prosecuting construction defect claims
Fountain Court Townhomes and Condos (Beaverton, OR) (97 homes): Prosecuting construction defect claims against developer and builder
Courtyard at Progress Ridge Condominiums (Beaverton, OR) (144 homes): Prosecuting construction defect claims of owners association under cooperative repair agreement with developer/builder
Heights at Issaquah Ridge Condominiums (Issaquah, WA) (74 homes): Prosecuting construction defect claims against developer; $8.3 million settlement pending
Heatherwood at Lakeland Condominiums (Auburn, WA) (92 homes): Settled construction defect claims against developer; $8.1 million settlement held reasonable; prosecuting assigned claims against subcontractors and excess insurers
Overlook at Juanita Bay Condominiums (Kirkland, WA) (33 units): Prosecuting construction defect claims and claims for insurance bad faith
Riverfront Landing B&C Condominiums (Bothell, WA) (41 units): Won $2 million arbitration amount against subcontractor for defective construction
Heritage Place Condominiums (Vancouver, WA) (137 units): Prosecuting construction defect claims
Courtyards at Springfield Condominiums (Beaverton, OR) (128 units): Investigating construction defect claims
Seward Park Townhomes (Seattle, WA): Investigating construction defect laims
Rainier Vista (Seattle, WA): Prosecuting claims for defective in-floor heating
Sundance Glen Condominiums (Redmond, WA): Advice and general counsel

Representative Past Cases

Sundance at Klahanie Condominiums (158 units): $8.6 million settlement (3 separate lawsuits, including suit against insurer for bad faith refusal to provide coverage)
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