Articles

Watch Quinten Cupps’ virtual Board Member Boot Camp out of the Vial Fotheringham office in Arizona! Originally conducted on July 30, 2020  

By: Greg Coxey On April 17, 2020, Governor Jay Inslee issued Proclamation 20-51. Proclamation 20-51 has far reaching impacts on all community associations in Washington. Proclamation 20-51 effectively amends the Nonprofit Corporations Act (RCW 24.03), the Condominium Act (RCW 64.34), the Homeowners’ Association Act (RCW 64.38), and the Washington Uniform Common Interest Ownership Act or WUCIOA...

By: Scott Welker In American law, there is a long, quiet history of the ill suing the people who made them ill. Dating at least back to the 1800s, defendants have been held liable in court for negligently spreading infectious diseases. These cases have run the gambit, including lawsuits for the spread of tuberculosis (1953), smallpox (1910), typhoid fever (1896), and whooping cough (1884),...

By: Greg Coxey Given this unprecedented time in the history of the world, there is a lot of anxiety and uncertainty about what the future holds. Even though this is a global pandemic, with orders to stay-in-place and stay healthy, the focus shifts to our household and our communities. While practicing social distancing, we must think beyond ourselves and consider all of the members of our...

The State of Emergency response to Covid-19 has had an enormous effect on all of our lives.  As the pandemic continues, loss of revenue has become the center of attention for business owners.  With business closure, shelter in place orders, and bleak economic forecast for the second quarter, the question whether Covid-19 related losses are covered under insurance policies has become an...

You might have recently received notice from the State asking you to respond if you think you have water rights.  This process is intended to provide a framework for evaluating and decreeing water rights so that the public has a current record of its valid water rights. Translation: the State wants to know what you think you have and then to tell you what it thinks you have as far as water...

The State Legislature has tasked the State Courts with widespread legal proceedings that could limit or strip you of your water rights if you do not take appropriate steps to protect them. You and your shareholders have probably received notice of these proceeding. You have an existing claim to water rights. Your shareholder/partners may also have an existing claim to water rights.  We at Vial...

The buying, selling, and transferring of water rights can be a lengthy process. It’s very different from irrigation water and requires involvement at the state level. Fortunately, we have systems in place, 25 years of experience that enables us to shoulder the burden in the complicated transfer of water rights.  Water Shares Each city accepts different water shares and each water share has a...

By: Dale B. Kimsey I DIVERSION is the change of course, scope or use of water. Your groundwater or surface source is under constant threat by other water withdrawals, administrative actions, change applications and legal proceedings. BENEFICIAL USE is the basis, the measure and the limit of all rights to the use of water in Utah. How your beneficial use is evaluated is critical to the scope of...

By: Darrien Shuquem If you have observed damage in or around your home or building such as cracks in drywall or stucco (especially from the corners of doors and windows), doors and windows that are difficult to open and close, uneven floors, or cracks in slabs, patios, sidewalks, and block walls, you should investigate whether your home or building is being impacted by “soils movement.”  When...