Washington State Superior Court for King County
Epic Homeowners Association, et al. v. Mark Holmes, et all.
Case No. 23-2-10294-1 SEA

Class Action Notice 

Authorized by King County Superior Court

_________________________________________

If you take no action, you will still be bound by the settlement, and your rights will be affected. 

1. This settlement resolves a lawsuit over whether Kappes Miller Management, LLC; Yates, Wood & McDonald, Inc.; eCondoservices.com, LLC; Association Underwriters of Washington; Mark Holmes; and Kelly Szeto (collectively, “Defendants”) charged Class Member HOAs an amount more than the premium shown on the declaration pages of subject insurance policies.
   
2. It avoids costs and risks from continuing the lawsuit, pays money to Class Member HOAs, and releases Defendants from liability. The two sides disagree on how much money could have been won at trial.
   
3. Lawyers for the Class Member HOAs and COAs will ask the Court for up to $461,245 in attorneys’ fees and costs for their work on this case.

Frequently Asked Questions

About this Notice

• Why did I get this notice?
• What do I do next?

What are the most important dates?

Learning About the Lawsuit

What is this lawsuit about?

Why is there a settlement in this lawsuit?

What happens next in this lawsuit?

Learning About the Settlement

What does the settlement provide?

How much will my payment be?

Deciding What to Do

How do I weigh my options

What is the best path for me?

Submitting a Claim

How do I get a payment if I am a class member?

Do I have a lawyer in this lawsuit?

Do I have to pay the lawyers in this lawsuit?

Opting Out

What if I don't want to be part of this settlement?

How do I opt out?

Objecting

What if I disagree with the settlement?

Doing Nothing

What are the consequences of doing nothing?

Key Resources

How do I get more information?

About This Notice

Why did I get this notice?

This notice is to tell you about the settlement of a class action lawsuit, Epic Homeowners Association, et al. v. Mark Holmes, et al., King County Superior Court Case No. 23-2-10294-1 SEA, brought on behalf of condominium or homeowners association that (a) had a property management relationship with Kappes Miller, Yates Wood, or eCondoServices; (b) purchased insurance through AUW within four years before June 6, 2023; (c) paid a broker fee as a part of the “premium,” which made the “premium” greater than the actual consideration owed for an insurance contract or renewal as shown on the declaration pages of the relevant insurance policy; and (d) did not otherwise receive and sign a compensation disclosure form disclosing a broker fee. You received this notice because you may be a member of the group of people affected, called the “Class Member HOAs or COAs.” This notice gives you a summary of the terms of the proposed settlement agreement, explains what rights Class Member HOAs or COAs have, and helps Class Member HOAs or COAs make informed decisions about what action to take.

What do I do next?

Read this notice to understand the settlement and to determine if you are a Class Member HOA. Then, decide if you want to:

Read on to understand the specifics of the settlement and what each choice would mean for you.

What are the most important dates?

Your deadline to object or opt out: June 26, 2026
Settlement approval hearing: July 17, 2026

Learning About the Lawsuit

What is the lawsuit about?

<p>The lawsuit claims that Defendants charged a broker fee to Class Member HOAs or COAs as a part of insurance " premiums,"="" which="" made="" the="" "premiums"="" greater="" than="" actual cost="" of="" insurance="" as="" shown="" on="" declaration="" pages="" relevant="" providers="" and="" did="" not="" otherwise="" provide="" a="" compensation="" disclosure="" form="" disclosing="" broker="" fee.<="" p="">

The Defendants deny that they did anything wrong. 

Where can I learn more?

You can get a complete copy of the proposed settlement and other key documents in this lawsuit at terrellmarshall.com/cases/epic-v-holmes.

Why is there a settlement in this lawsuit?

<p>In December 2025, the parties agreed to settle, which means they have reached an agreement to resolve the lawsuit. Both sides want to avoid the risk and expense of further litigation. </p> <p>The settlement is on behalf of the HOPAs or COAs who brought the case and all members of the settlement class. The Court has not decided this case in favor of either side. </p> <h4>What is a class action settlement?</h4> <p>A class action settlement is an agreement between the parties to resolve and end the case. Settlements can provide money to class members and changes to the practices that causes the harm.</p> <h3 id=" lawsuitc="">What happens next in this lawsuit?

The Court will hold a Fairness hearing to decide whether to approve the settlement. The hearing will be held at:

Where: King County Superior Court, 401 4^th Ave. N. Room 2D, Kent, WA 98032.

When: 9:00 a.m. on July 17, 2026.

The Court has directed the parties to send you this notice about the proposed settlement. Because the settlement of a class action decides the rights of all members of the proposed class, the Court must give final approval to the settlement before it can take effect. Payments will only be made if the Court approves the settlement.

You don’t have to attend, but you may at your own expense. You may also ask the Court for permission to speak and express your opinion about the settlement. If the Court does not approve the settlement or the parties decide to end it, it will be void and the lawsuit will continue. The date of the hearing may change without further notice to members of the class. To learn more and confirm the hearing date, go to terrellmarshall.com/cases/epic-v-holmes.

Learning about the Settlement

What does the settlement provide? 

Defendants have agreed to create a $1,265,000.00 fund to be divided among qualifying Class Member HOAs or COAs who do not opt out. This money will be divided among the Class Member HOAs or COAs and will also be used to pay for costs and lawyer fees approved by the Court, and for the cost of administering this settlement. Members of the settlement class will “release” their claims as part of the settlement, which means they cannot sue Defendants for the same issues and legal violations raised in this lawsuit. The full terms of the release can be found terrellmarshall.com/cases/epic-v-holmes.

If there is money left over after the void date for settlement payments, it will be donated to the Legal Foundation of Washington and the Northwest Consumer Law Center.

How much will my payment be?

Your HOA’s estimated payment amount is listed on the notice postcard and email sent to the HOA. An authorized representative of the HOA can request the estimated payment amount by calling 1-855-349-7023. The estimated payment amount is your HOA’s share of the settlement fund calculated based on the amount of AUW brokerage fees your HOA paid, as reflected in Defendants records. The final payment amount may be more or less than the estimated payment.

The Settlement does not include any AUW brokerage fees your HOA may have paid after signing a form disclosing the fees in 2022 or 2023.

If you are still unsure whether you are a class member, call 855-349-7023 to see if you are eligible.

Deciding What to Do

How do I weigh my options?

You have three options. You can do nothing and stay in the settlement, you can opt out of the settlement, or you can object to the settlement. This chart shows the effects of each option:

What is the best path for me?

*You can object to the settlement AND still receive payment if you do not opt out.

Receiving a payment

How do I get a payment if I am a class member?

If you wish to receive money, do nothing. The Settlement Administrator will send the HOA its award when funds are distributed. If you want select an electronic payment instead of check, please email [Simpluris]. To make sure the proper contact information is on file, call 855-349-7023or email classactions@terrellmarshall.com. 

Do I have a lawyer in this lawsuit?

In a class action, the court appoints class representatives and lawyers to work on the case and represent the interests of all the class members. For this settlement, the Court has appointed the following individuals and lawyers.

Your lawyers: Isaac Ruiz of Ruiz and Smart LLP; and Beth Terrell and Blythe Chandler of Terrell Marshall Law Group PLLC. These are the lawyers who negotiated this settlement on your behalf.

If you want to be represented by your own lawyer, you may hire one at your own expense.

Do I have to pay the lawyers in this lawsuit?

Lawyers' fees and costs will be paid from the Settlement Fund. You will not have to pay the lawyers directly.

To date, your lawyers have not been paid any money for their work or the expenses that they have paid for the case. To pay for some of their time and risk in bringing this case without any guarantee of payment unless they were successful, your lawyers will request, as part of the final approval of this Settlement, that the Court approve a payment of up to $461,245 total in for attorneys’ fees and the reimbursement of out-of-pocket expenses.

Lawyers' fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount. You have the right to object to the lawyers' fees even if you think the settlement terms are fair.

Your lawyers will also ask the Court to approve a payment of $30,000.00 to each of the Class Representatives for the time and effort they contributed to the case. If approved by the Court, the Service Awards will be paid from the Settlement Fund.

Opting Out

What if I don't want to be part of this settlement?

You can opt out. If you do, you will not receive payment and cannot object to the settlement. However, you will not be bound or affected by anything that happens in this lawsuit. That means you keep the right to sue Kappes Miller Management, LLC; Yates, Wood & McDonald, Inc.; eCondoservices.com, LLC; Association Underwriters of Washington; Mark Holmes; and Kelly Szeto or be part of another case against and of these defendants about the issues in this lawsuit. If you have a pending lawsuit against Defendants, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit.

How do I opt out?

To opt out of the settlement, you must notify the Settlement Administrator in writing to the address below no later than June 26, 2026 that you do not want to be a class member. All such writings must include the name and address of the condominium or homeowners association opting out, be signed by an authorized representative of the condominium or homeowners association opting out, include the name, title, email address, and telephone number of the authorized representative signing the opt out, and must be postmarked no later than the Opt-Out Deadline.

[Settlement Administrator]
[Street address]
[City, State, Zip Code]
[Phone Number]

Objecting

What if I disagree with the settlement?

If you disagree with any part of the settlement (including the lawyers' fees) but don’t want to opt out, you may object. You should give reasons why you think the Court should not approve it and say whether your objection applies to just you, a part of the class, or the entire class. The Court will consider your views. The Court can only approve or deny the settlement — it cannot change the terms of the settlement. You may, but don’t need to, hire your own lawyer to help you.

To object, you must send a letter to the Court that:

1. is postmarked by June 26, 2026;
2. includes the case name and number (Epic Homeowners Association, et al. v. Mark Holmes, et al., King County Superior Court Case No. 23-2-10294-1 SEA)
3. includes your full name, address, telephone number, and email address (if you have one);\
4. states the reasons for your objection;
5. Your signature.

Mail the letter to:

Clerk’s Office
King County Superior Court
516 3^rd Avenue, Room C-203
Seattle, Washington 98104

Right to Appear at Final Approval Hearing. Anyone who properly objects, as described herein, may appear at the Final Approval Hearing, including through an attorney hired at the objector’s expense. Such objectors or their attorneys intending to appear at the Final Approval Hearing should file a notice of appearance with the Court no later than ten (10) days before the Final Approval Hearing. Any member of the Settlement Class who fails to comply with the provisions herein shall waive its rights to appear or object separately, and shall be bound by the terms of this Settlement and the orders and judgments of this Court.

Doing Nothing

What are the consequences of doing nothing? 

If you do nothing, your HOA will be mailed a check and your HOA will be bound by the settlement and its “release” provisions. That means you won’t be able to start, continue, or be part of any other lawsuit against Kappes Miller Management, LLC; Yates, Wood & McDonald, Inc.; eCondoservices.com, LLC; Association Underwriters of Washington; Mark Holmes; and Kelly Szeto about the issues in this case.

Key Resources

How do I get more information? 

This notice is a summary of the proposed settlement. The complete settlement with all its terms can be found here. To get a copy of the settlement agreement or get answers to your questions:

• contact your lawyer (information below)
• visit the case website at terrellmarshall.com/cases/epic-v-holmes