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WATER'S EDGE HOMEOWNERS v. WATER'S EDGE ASSOC.

No. 37415-3-II.

216 P.3d 1110 (2009)

WATER'S EDGE HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation, Appellant, v. WATER'S EDGE ASSOCIATES, a Washington general partnership; Paul A. Nelson and "Jane Doe" Nelson, and their marital community; Larry Pruitt and "Jane Doe" Pruitt, and their marital community; Burke M. Rice and "Jane Doe" Rice, and their marital community; Salmon Creek Developers, Inc., an Oregon corporation; Key Property Services, Inc., a Washington corporation, Defendants, and Farmers Insurance Exchange, a foreign corporation; Mid-Century Insurance Company, a foreign corporation; and Truck Insurance Exchange, a foreign corporation, Intervenors/Respondents.

Court of Appeals of Washington, Division 2.

September 29, 2009.

Attorney(s) appearing for the Case

Daniel Eli Zimberoff, Marlyn Kathryn Hawkins, Barker Martin PS, Seattle, WA, David Bradley Merchant, Merchant Horovitz LLLC, Wailuku, HI, for Appellant.

Aaron D. Goldstein, Ball Janik LLP, Portland, OR, Pamela A. Okano, Reed McClure, Seattle, WA, for Defendants.

Tyna Ek, Misty Anne Edmundson, Soha & Lang PS, Seattle, WA, for Intervenors/Respondents.

BRIDGEWATER, J.

¶ 1 The Water's Edge Homeowners Association (HOA) entered a stipulated settlement agreement for $8.75 million and a covenant not to execute on the judgment with Water's Edge Associates (Associates), the former owners of the property in question, and Key Property Services, Inc. (KPS), Associates' property manager, based on Associates' alleged failure to disclose the true condition of the property when...

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