UW sorority hit with lawsuit, accused of violating eviction moratorium

[Kevin]

Originally Posted by ASTalumna06

A good portion of the doc is made up of Exhibits - the Governor's Proclamations,

And that might be where the organization's best defense lies. Many State Supreme Courts have been overturning these emergency COVID rules issued unilaterally by governors. I don't know about Washington's constitution or the history behind it, but here in Oklahoma, the governor's emergency order shutting down bars after 11 PM was overruled by the courts.

As a practical matter, I kind of support the courts in these overrulings. While emergency proclamations might be needed and even enforceable in truely emergent situations where the legislature could not reasonably act, fine. Emergency proclamations made to stand for months or years without the input of the legislative branch seem beyond the pale. Particularly in this situation when it appears the group was making its own reasonable emergency efforts with the consent of the membership.

Members don't have to like everything--and that may cause them to leave. That's the risk that the organization appeared to embrace and it should be allowed to chart its own course, subject to validly enacted rules and regulations of course.

[ASTalumna06]

Originally Posted by Kevin

And that might be where the organization's best defense lies. Many State Supreme Courts have been overturning these emergency COVID rules issued unilaterally by governors. I don't know about Washington's constitution or the history behind it, but here in Oklahoma, the governor's emergency order shutting down bars after 11 PM was overruled by the courts.

As a practical matter, I kind of support the courts in these overrulings. While emergency proclamations might be needed and even enforceable in truely emergent situations where the legislature could not reasonably act, fine. Emergency proclamations made to stand for months or years without the input of the legislative branch seem beyond the pale. Particularly in this situation when it appears the group was making its own reasonable emergency efforts with the consent of the membership.

Members don't have to like everything--and that may cause them to leave. That's the risk that the organization appeared to embrace and it should be allowed to chart its own course, subject to validly enacted rules and regulations of course.

Even outside of the Proclamations, would members not have some legitimate complaint against the organization since they were forced to pay a housing fee - for a house they couldn't live in - that they never signed on to?

[Kevin]

Originally Posted by ASTalumna06

Even outside of the Proclamations, would members not have some legitimate complaint against the organization since they were forced to pay a housing fee - for a house they couldn't live in - that they never signed on to?

Members sign all kinds of contracts with all kinds of entities these days. From the thread, it appears they have a contract with some kind of A/R firm and maybe another contract (titled "this is definitely not a lease"[but it's kind of a lease]) with the Organization. I'm going to give a lawyer answer--I don't know, and could not possibly know without some kind of background in Washington law, and at least a copy of all of the agreements.

Many organizations charge a housing fee for non-residents. I don't know if this was that. If it was, it seems pretty steep, but the members and maybe their families signed.

And what this article is silent on is the financial pressures the organization itself is under. If the House Corp is made up of folks who have personal guarantees to the financial institution and a mortgage premised on full occupancy of the House, combined that with a sharp decline in membership and a disasterous recruitment, due to COVID, then we can start to see how and why these decisions are made.

Unfortunately, the governor's emergency declaration did not suspend commercial mortgages.