By Joshua McNichols, KUOW

As you head east to Snoqualmie Pass on Interstate 90, lush green forests line the freeway.

That land has been protected from development. But sometimes communities believe they need development to thrive.

The question of when to grow—and when to restrict growth—can lead to hard decisions.

High-Quality, American-Built Skylights and Other Products

Established in 1982, CrystaLite is a Northwest manufacturer of high-quality skylights, roof glazing, sun rooms, and railing systems for residential, commercial, and industrial markets. Based in Everett, Washington, CrystaLite has additional distribution and sales locations in Spokane and Salem, Oregon, and employs 60 total employees. Materials are sourced in America and all products are manufactured in the Pacific Northwest. The company sells its products across the United States.

Lots of Hats

Cathy Hieb is Controller and Secretary/Treasurer of CrystaLite, but assumes other roles. "My background is in finance. I started 13 years ago as the company Controller and have just recently assumed the corporate responsibility as Secretary/Treasurer. I handle the company finances, like quarterly/monthly reporting, financial statements, payroll, AR, and AP. But I wear a lot of other hats. I'm also personal secretary to the President and Vice President."

Big Cost Savings From the MBA Trust

CrystaLite has been a member of the MBA Health Trust for 12 years. "Cost savings is the big advantage to being in the Trust," Cathy says. "These days, keeping health insurance costs down but still providing employees what they need is a challenge. We pay 100 percent of our employees' premiums and that's something we want to continue to do if it's affordable."

Significant Savings Compared to Other Plans

Cathy says CrystaLite goes out for bid every year for health insurance but always finds the best options with the MBA. "We've even had other insurance companies approach us for our business and then tell us that the MBA Health Trust is way better, the savings are so significant, that we should just stay with them. Only once did we go to another plan, but then we came back to the Trust."

The MBA Trust Gives Crystalite Plan Flexibility

CrystaLite employees have the choice between two plan options, depending on their personal needs and circumstances. "About seven years ago, the high-deductible HSA program came on the scene and we were the first company to jump on board," Cathy relates. "We offer our employees two programs: a traditional plan for those who use more doctor visits and the high-deductible health-savings account for those who just want to make sure they have catastrophic coverage. Now we have 90 percent on the HSA program. You can still see any doctor you want and all the major hospitals in Seattle are covered. The HSA plan is affordable for us but still offers major benefits for our employees when they really need it."

Strong Broker Relationship

"Our administrator is EPK," says Cathy. "They're very good. They know our company very well and what our goals are. If I have a question, they are giving me answers right on the first phone call. Adding or terminating employees is accomplished pretty much the same day. They are really good at that."

A home is more than bricks and sticks. Under the law and project documents summarized below, a complex bundle of rights and obligations are imposed upon the buyer and builder.

Why is disclosure a buyer’s best friend? The best consumer protection the law can provide is ensuring an opportunity to acquire an understanding of the products being purchased. This is difficult to achieve, however, because of the complex bundle of rights and obligations being obtained.¹

A builder wants a buyer to buy—but only what the builder is selling; not what a buyer mistakenly hopes or believes is being sold. To avoid post-closing disputes, a builder needs clear guidance to describe what is being sold (the complex bundle of rights and obligations).

The Washington Condominium Act (WCA, RCW 54.34, for condominiums) and Land Development Act (LDA, RCW 58.19, for subdivisions) require a Public Offering Statement (POS) containing mandatory specific information. The objectives fostered by this approach include: providing guidance for POS contents; promoting clear and concise POS’s; encouraging buyers to read and understand; avoiding irrelevant, ambiguous, and confusing disclosures; avoiding a false sense of security that lengthy POS’s contain all relevant information; promoting uniform POS’s; facilitating project comparison; enabling POS preparation at reasonable cost; facilitating obtaining legal opinions; and decreasing the need for state agency review. The WCA-POS is mandatory. The LDA-POS is often not required because of various exemptions (e.g., lot is improved with, or builder is under contract to build, a house). But, an LDA-POS may be given voluntarily. ^{1, 2}

The WCA/LDA disclosures involve three components: cautions to buyers, topics covered, and documents delivered. To avoid post-closing disputes, WCA/LDA POS’s provide the following cautions: buyer has a cancellation period; buyer may only rely on seller representations and express warranties contained in the POS or a writing signed by seller; buyer may not rely upon agent’s promises; POS is only a summary of some significant aspects of the home; documents are complex, contain other important information and create binding obligations; and buyer should seek legal counsel assistance. ²

The topics covered by the POS include: community name and address; developer and management company name, address and relationship; nature of interest being purchased; permitted and restricted uses; number of homes; principal amenities; limited common areas; land the owners and others may access; construction status; association and owner maintenance; owner's assessments; other dwelling fees; governmental assessments; blanket encumbrances; developer’s rights; model homes; association liens; physical hazards; construction warranties; building code violations; association litigation; association insurance; documents delivered; insulation data; and Form 17 environmental disclosures. ²

The documents delivered with the POS include: public offering statement; declaration; plat/survey map; HOA articles; HOA bylaws; HOA rules; HOA balance sheet; HOA annual budget; and construction warranty. ²

The Form 17 Seller Disclosure Statement (provided for under RCW 64.06) creates problems for sellers— the questions are subjective, subject to multiple interpretations, provide grounds for litigation, and are not well designed for builder project sales. Buyers may waive, and builders need not provide, a Form 17. Builders should give either a WCA or LDA POS in lieu of a Form 17—builders are not avoiding disclosures, but are providing disclosures more appropriate for project sales. However, the builder must provide in the POS the Form 17, Section 7 Environmental Disclosures if any question would be answered YES. ³

A single Disclosure Book, with Acknowledgement Addendum, should be used, and contains: POS and documents; delivered when PSA signed; makes disclosures a part of buyer’s contract; avoids document delivery hassles; assures that buyer gets disclosures; and makes proof of delivery easier.

The builder’s Addendum to the Purchase and Sale Agreement should provide for buyer’s waiver of the Form 17 and acceptance of the builder’s alternative Disclosure Book.

Endnotes: ¹ WCA Comments; ² RCW 64.34.400, 405 & 410 and 58.19.030, 045 & 055; ³ RCW 64.06.

Author: James C. (Pete) Middlebrooks, owner of the Law Office of James C. Middlebrooks, provides comprehensive services to individual, corporate, and institutional clients on residential and commercial real estate development, land use, acquisition, investment, and financing.

423.252.2693  |  pete@jcmiddlebrooks.com