Branchick v. Melrose Station Homeowner's Ass'n
| Docket Number | 56999-0-II |
| Decision Date | 22 August 2023 |
| Parties | KYLE J. BRANCHICK, an individual; and the ESTATE OF RUTH L. BRANCHICK, through its personal representative, Kyle J. Branchick, Appellants, v. MELROSE STATION HOMEOWNER'S ASSOCIATION, a Washington non-profit association (aka "Victory Landing"); INVEST WEST MANAGEMENT, LLC, a Washington for-profit corporation; and PIERCE COUNTY, a municipal corporation, Respondents. |
| Court | Washington Court of Appeals |
UNPUBLISHED OPINION
Kyle Branchick individually, and in his capacity as the personal representative of his mother's estate (collectively Branchick) sued his homeowners' association, Melrose Station Homeowners Association (Melrose Station) and the homeowners' association's property management company, Invest West Management, LLC (Invest West), for breach of contract, bad faith, nuisance, violation of the Consumer Protection Act (CPA),[1] negligence negligent infliction of emotional distress, and violations of the Washington State Law Against Discrimination (WLAD).[2]
He also sued Pierce County for breach of contract, nuisance negligence, negligent infliction of emotional distress, and violations of the WLAD. Melrose Station and Invest West moved for partial summary judgment on Branchick's WLAD claims. The trial court granted Melrose Station and Invest West's partial motion for summary judgment on Branchick's WLAD claims and their subsequent motion for summary judgment on the remainder of Branchick's claims against them. The trial court also granted Pierce County's motion for summary judgment on all of Branchick's claims against the County. Branchick appeals. Assuming he prevails on the merits of his claims, Branchick contends that he is entitled to fees and costs incurred below and on appeal.
We hold that the trial court properly dismissed the Branchick's claims because there were no genuine issues of material fact and Melrose Station, Invest West, and Pierce County were entitled to judgment as a matter of law. Accordingly, we affirm the trial court's three orders dismissing each of Branchick's claims on summary judgment. We further award attorney fees and costs to Melrose Station and Invest West on the breach of contract claims.
In 2002, Ruth Branchick and her husband, Donald Branchick purchased a home in the Melrose Station neighborhood, a 69-lot subdivision located in Pierce County. The deed stated the property was conveyed subject to the "covenants, conditions, restrictions, easements[,] and liability for assessments contained in instrument: recording number 200112310723 [Declaration of Protective Covenants, Conditions, Easements & Restrictions for Melrose Station (Declaration)]." Clerk's Papers (CP) at 164, 20 (capitalization omitted). The plat and Declaration were recorded in 2001. Pierce County took control of the roadways and sidewalks in Melrose Station when it approved and recorded the plat for Melrose Station. The Declaration prohibited parking on sidewalks, however enforcement by the Association of the provisions in the Declaration was discretionary.
The Declaration was created to enhance and protect the value, desirability, and attractiveness of the properties for the benefit of all property owners. The Declaration established mandatory assessments on property owners, provided for the maintenance of common areas, and allowed the association to delegate management authority to an agent. The Declaration also provided for parking restrictions, an enforcement process for alleged violations of the Declaration, and powers of Melrose Station, including to adopt additional rules and restrictions.
In June 2009, the homeowners' association created a "Rules Enforcement Procedure" that provided a due process mechanism to enforce the "Declaration, Bylaws, and Rules and Regulations." Id. at 60 (capitalization omitted). The Board also adopted "Rules and Regulations" that established new rules for property owners and their guests to follow and penalties for violating provisions of the Declaration, Bylaws, and Rules and Regulations. Id. at 62 (capitalization omitted). One of the rules prohibited residents from parking on the roads in the neighborhood for a period exceeding 24 hours unless the person had written authorization, and also prohibited parking on any portion of a lot that was not a hard surface driveway or designated parking area. The Rules and Regulations did not explicitly prohibit parking on the sidewalks.
In 2014, Kyle Branchick, Ruth and Donald's son, moved into his mother's home to care for his parents. Donald passed away a year later. Thereafter in or around 2018, Ruth became wheelchair bound due to her deteriorating physical health. Despite Ruth's declining mobility over the years, she enjoyed and requested to be taken on walks in her community to look at flowers, bird watch, watch the neighborhood children play, and socialize with her neighbors.
Ruth used the sidewalks in her neighborhood to get around in her wheelchair. However, Ruth had difficulty navigating the neighborhood in her wheelchair because of sidewalk obstructions including parked cars, basketball hoops, garbage cans, and other barriers caused by neighbors and unidentified others.
Kyle Branchick complained about the obstructions to the homeowners' association, property manager, and Pierce County. Branchick claims that his complaints were ignored by Melrose Station and Invest West. Melrose Station and Invest West contend, however, that they attempted to address his complaints. Branchick and Pierce County also dispute whether Pierce County ignored his pleas for assistance.
After Branchick began complaining about the obstructions, some of his neighbors refused to move their vehicles on the sidewalks, and became openly hostile towards the Branchicks. This hostility made Ruth afraid to leave her home and made living conditions "nearly intolerable." Id. at 216. Branchick's attempts to get Melrose Station and Invest West to act concerning the sidewalk obstructions were unsuccessful. Branchick also complained that a gravel pathway connecting two common areas in the development needed to be paved so Ruth could use her wheelchair to access it.
In December 2017, Kyle Branchick called Dan Hansen, a Pierce County engineer at the Planning and Public Works Department. The next day, Hansen met with Branchick in Branchick's neighborhood to document Branchick's concerns including improperly parked vehicles on the sidewalks. Hansen notified Pierce County maintenance staff that the sidewalks contained moss and debris, which the staff removed in January 2018.
Pierce County engineers subsequently determined that some of the sidewalk ramps within the neighborhood were noncompliant with ADA standards. The County decided to reconstruct the sidewalk ramps to bring them into compliance with the ADA. Project design began in early 2018 and the project was mostly completed in August 2019. Pierce County parked vehicles on the sidewalks during construction. The County also, according to Branchick, parked its vehicles on the sidewalks even when no work was being performed.
In July 2018, Branchick sent a letter to the Department of Justice that was referred to the Federal Highway Administration (FHWA) alleging that Pierce County violated the Americans with Disabilities Act of 1990[3] and Section 504 of the Rehabilitation Act of 1973.[4] Branchick sent another letter to the Department of Justice in January 2020 this time criticizing Melrose Station and Invest West's lack of compliance with the Declaration, and setting forth grievances against neighbors and Board members. Branchick also alleged that Pierce County was not fixing the problem and its employees were making it worse by parking on the sidewalks.
The FHWA completed an investigation of the complaint and sent a "Letter of Finding" to the County on July 15, 2020. Id. at 408. In its Letter of Finding, the FHWA found that Pierce County was not in compliance with the ADA and Section 504 requirements because it failed to maintain accessible sidewalks, noting that parked vehicles and basketball hoops were on sidewalks blocking access. The FHWA further noted that "[t]his is a County Code enforcement issue." Id. at 409. The FHWA stated that Pierce County was required to maintain accessible sidewalks through "code enforcement" so that obstructions were not blocking access to them. Id. The FHWA warned Pierce County that if it failed to voluntarily comply, the FHWA may refer the complaint to the Department of Justice for action.
In response to the FHWA's Letter of Finding, on October 16, 2020, Pierce County sent a letter to the FHWA addressing the agency's concerns. In relevant part, the County stated in its letter that:
Id. at 405. C. Human Rights Commission Complaint
Shortly after sending his first letter to the Department of Justice Branchick filed a complaint with the Human Rights Commission...
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