ONE PACIFIC TOWERS HOMEOWNERS' ASS'N v. HAL REAL ESTATE INV.

No. 46815-4-I.

30 P.3d 504 (2001)

ONE PACIFIC TOWERS HOMEOWNERS' ASSOCIATION; Janet Abrams, an individual; Daniel H. Anderson and Helen M. Anderson, husband and wife; Mark Baerwaldt, an individual; Thomas V. Giddens, Jr., as personal representative for the Thomas V. Giddens, Jr. Trust; Kenneth Hayes, an individual; Michael Montgomery, an individual; Monique Wendt, an individual; Michael O'Connell and Theresa O'Connell, husband and wife; Sherry Samuelson, an individual; Jon Staenberg, an individual; Jeffrey Swanson, an individual; Lawrence Taubman, an individual; Bradford C. Walker and Lisa M. Walker, husband and wife; and Wayne Willich and Christine Willich, husband and wife, Appellants, v. HAL REAL ESTATE INVESTMENTS, INC., a Washington corporation; OPT Holdings, Inc., a Washington corporation; OPT II, Inc., a Washington corporation; OPT III, Inc., a Washington corporation; OPT IV, Inc., a Washington corporation; OPT V, Inc., a Washington corporation; OPT VI, Inc., a Washington corporation; OPT VII, Inc., a Washington corporation; Paul Manheim and Vivienne Manheim, husband and wife; Hal Real Estate Investments, N.V., a Netherlands Antilles corporation; Hal Holding N.V., a Netherlands Antilles corporation; and Hal Trust, a Bermuda trust, Respondents.

Court of Appeals of Washington, Division 1.

September 4, 2001.


Attorney(s) appearing for the Case

Mark C. McPherson, Lynne Michele Cohee, Hillis, Clark, Martin & Peterson, P.S., Seattle, for Appellants.

Arthur Washington Harrigan, Jr., Timothy George Leh, Katherine See Kennedy, Danielson, Harrigan & Tollefson, Seattle for Respondents.


COX, J.

At issue in this case of first impression is whether a holding corporation, its subsidiaries, and others were "declarants" or "dealers" under the Washington condominium act1 for certain sales. If they were, the condominium act required that they provide their purchasers with public offering statements. We must also decide whether the trial court properly exercised its discretion in assessing...

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