Meetings are integral parts of HOA management and aim to ensure successful community operations alongside harmonious living. They are an important and essential part of HOA governance. Homeowner associations operate as corporations and as a result, must regularly hold meetings involving board members and homeowners. In addition to holding regular board meetings throughout the year, […]
5 Easy Tips to Keep HOA Board Meetings Concise
Successful HOA board meetings are inclusive, timely, and respectful. But unfortunately, board meetings can often last much longer than everyone anticipated, which can be frustrating for everyone. Here are 5 tips to help keep your meetings concise. Read the entire article……………………………….
HOA Unpaid Assessments Are Subject to a Six-Year Statute of Limitations (WA)
The Washington Court of Appeals recently decided that the applicable statute of limitations for an action to enforce a homeowners association’s lien for unpaid assessments is six years Read the entire article……………………………….
Washington State Common Interest Communities Are Subject to New Laws
The law governing common interest communities has changed a great deal over the last several months. The Washington Legislature and Governor recently approved three new laws affecting such communities. The Governor rescinded his virus-related proclamation concerning those communities earlier this month. Eviction restrictions have also been extended in some places and allowed to expire in […]
Washington Associations: Collections Update
Recently, there have been two major changes in Washington law that impact association collections. On July 13, 2021, the Washington Governor rescinded Proclamation 20-51 effective as of 11:59 p.m. on July 24, 2021. This means that beginning July 25, 2021, Washington associations may resume assessing late fees and interest on delinquent accounts. Read the entire […]
Upstairs/Downstairs: Living Floor-To-Ceiling in Community Associations
Hard flooring can be beautiful and easier to maintain than carpet. However, the impact on downstairs neighbors must be recognized. There are Association and legal requirements to address when considering hard flooring installation and addressing existing hard flooring. Read the entire article……………………………….
New Foreclosure Requirements for Community Associations (WA)
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Read the entire article……………………………….
Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction Costs
Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021. Under the new law, if (1) a purchase agreement discloses that earnest money deposits may be used for construction costs, and (2) the developer obtains […]
Updated HUD Guidelines Regarding Service and Support Animals and the Reasonable Accommodation……. (WA)
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued long-await updated guidelines to housing authorities, such as condominium associations and homeowners associations, related to service animals, support animals, and reasonable accommodation requests. A reasonable accommodation request is a tool that residents use when seeking accommodation from their housing authority to […]
Washington Legislative Update
Washington’s most recent legislative session has resulted in several bills that will impact associations. Some have already been signed into law while others have passed both the House and the Senate and are on the Governor’s desk awaiting signature. Below are links to some of the bills that will impact associations in Washington. Read the […]
Washington Courts Reject Owners’ Claim to Own Portion of HOA’s Common Areas
A deck adjacent to a townhome in Kirkland, Washington was rebuilt by a homeowners association in a manner that encroached more than fifty feet into its common areas. The association later discovered that the deck was significantly larger than allowed and gave the owners of the townhome two options Read the entire article……………………………….
Can I expand my patio in my Condominium Association? (Outdoor spaces and the law that governs them) (WA)
With increased COVID-19 vaccination availability and improved weather, people are eager to spend more time outdoors. The sunshine draws us out to kayak, hike, and cycle, as well as to lounge and rest. There is a desire to expand our time outdoors and the space in which we enjoy it. As such, association Boards and […]
Washington Court of Appeals Affirms HOA’s Removal of Gate and Boulders
A homeowners association removed boulders and a gate that two owners had placed in a road easement and assessed those owners for the cost of that removal. When the owners failed to pay that assessment and monthly dues, the association filed a lien foreclosure action. Read the entire article……………………………….
Make Your Roof Last Longer With Regular Maintenance
The roof is the one part of our home that takes quite a beating from the harshest elements day in and day out. While roofs are designed to last, the time will come when you have to replace them eventually. However, you can delay that for years with proper maintenance. Some roofing maintenance work can […]
HOA Lessons Learned – Case 2 Horse Trail
HOA governing documents typically can be amended, including to change how members may use the community property. However, it is critical to understand the process required to amend the documents effectively. In Washington state, an appellate case highlighted the need to clearly understand the precise language of the governing documents to make changes to them. […]
Winter Weather Maintenance: The Responsibility and Liability Facing Your Association This Winter (WA)
With the first snow hitting the Puget Sound region just before Christmas, it’s clear that we have entered the time of year when many of us have to scrape car windows, de-ice our porch steps and walkways, spread salt on our driveways, and possibly even shovel snow just to safely traverse the areas around our […]
Update: Collections During a Pandemic (OR/WA)
Many associations have inquired whether they can take any collections action during this pandemic. Neither Federal or Washington or Oregon State laws, prohibit an association from sending delinquency notice letters, recording liens, or filing lawsuits. Read the article…………………………..
The Importance of a Reserve Study and Ongoing Preventative Maintenance of Reserve Study Items
Recently my brother-in-law and his fiancé were in the market to purchase their first home. We were having a conversation about prospective homes and the fact that they all have an HOA fee. To say the least, he was not thrilled about the idea of having an additional payment on top of his mortgage. Not […]
Volatile Elections – The Aftermath
I don’t know if you remember this, but there was an election recently that was rather volatile. With volatility comes uncertainty and unease and we are left to wonder where we should look for certainty and guidance. At the national level we must look to our country’s foundational documents and laws including the Declaration of […]
WA Court of Appeals: Tennis Court Removal Vote Complied With CC&Rs
Most of the owners in the Pickle Point neighborhood of Bellevue, Washington voted to remove a tennis court in the neighborhood’s common area. An owner in the neighborhood then filed a lawsuit challenging the validity of that vote Read the article………………………..
Washington Court of Appeals: Business Judgment Rule Only Protects Directors
The Washington Court of Appeals recently decided in a published opinion that the business judgment rule protects the directors of a condominium or homeowners association from personal liability but does not immunize the association itself. Read the article…………………………………
Washington Condos and HOAs Face Difficult Budget Decisions
It’s annual budget season for Washington condominium and homeowners associations, and many of them are dealing with the unfortunate reality of smaller revenues this year and next year. Many owners’ accounts have become delinquent, and associations are understandably reluctant to begin collection actions against them right away. Read the article……………………………
The Washington HOA Political Yard Sign Minefield
Election season has returned. Although, when is it not election season? This year’s presidential campaign promises to be one of the most contentious in living memory, and there are a number of state and local candidates and ballot measures that promise to be very divisive as well. Moreover, there are political issues that are critically […]
Construction Defects: What They Are, How to Avoid Them, and What to Do When They Occur
A construction defect is a term nobody wants to hear mentioned about their project. But what is it, exactly? Simply put, a construction defect is a deficiency in the design or construction of a building or structure. It can cause big headaches for everyone involved. Read the article……………………………………….
Washington Court of Appeals Affirms Dismissal of Defamation Claims
A small group of homeowners expressed very negative views about another homeowner in their neighborhood on social media. For example, they asserted that she was a “problem board member,” “insane,” and “a plague.” She sued them for defamation. The Washington Court of Appeals recently affirmed the summary dismissal of her lawsuit. Read the article……………………………
San Juan Island HOA Dispute Results in Epic Appellate Court Opinion (WA)
Twenty homeowners in a San Juan Island development spent the better part of a decade fighting (both literally and figuratively) over the meaning of a set of restrictive covenants governing the use of their land and a waterfront parcel, the boundaries between their lots and a waterfront parcel, the erection of a spite fence, and […]
Washington Court Holds Association Liable for Following Cost Allocations in Declaration
The Washington Court of Appeals recently issued an opinion that may invalidate the cost or voting allocations of many existing condominiums. In Mohandessi v. Urban Venture LLC, the court ruled that the common expense allocations in the declaration for the 2200 Westlake condominium in Seattle violated the Washington Condominium Act and that two homeowners could […]
Washington Court of Appeals Prevents Covenant Enforcement Due to Delay
The Washington Court of Appeals recently decided in an unpublished opinion that the legal doctrine of laches prevented an owner of real property from obtaining relief based on a claim that the owner of neighboring property violated covenants governing both properties. Read the article………………………
How Will Coronavirus Affect Your Association (WA)
The coronavirus pandemic is likely to have serious consequences for many Washington condominium and homeowners associations. Those associations’ financial, maintenance, and enforcement policies may be significantly impacted by this crisis. Prudent boards will anticipate virus-related problems and prepare for them now. Read the article…………………………
Many Washington Condo Associations and HOAs Must Incorporate or Form LLC
Two Washington laws adopted in 1990 and 2018 require many condominium and homeowners associations to be incorporated entities. The relevant section of the first law, the Washington Condominium Act, applies to all condominiums created after July 1, 1990. Read the article………………………….
Navigating New HUD Assistance Animals Guidelines
On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect to [assistance] animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf Read […]
Indemnity and Hold Harmless Provisions in Association Contracts
Condominium and homeowner associations frequently enter into contracts with third-parties. Examples include landscaping contracts, management contracts, and construction contracts. In order to protect the interests of the association, many community association attorneys include indemnity provisions in the contract. Here’s a common example of an indemnity provision: Read the article………………………….
Withholding Assessments Won’t Work
Sometimes community residents become dissatisfied with the association for some reason. In this case, let’s use maintaining the parking lot as an example. Mr. Homeowner is unhappy because several small potholes have appeared in the parking lot, and the association hasn’t repaired them. He called the manager who said that all potholes will be repaired […]
Using Proxies in Community Associations
Oregon and Washington law authorize the use of proxies unless prohibited by the governing documents. (RCW 24.03.085, ORS 65.231) Many condominium and homeowner associations find it impossible to achieve quorum at annual meetings without the use of proxies. A proxy is a power of attorney between the “proxy giver” and the “proxy holder”. The proxy […]
Washington Uniform Common Interest Ownership Act
In February of 2018, the State of Washington enacted a version of the Uniform Common Interest Ownership Act (UCIOA), which became effective on July 1, 2018. That act was intended to replace the previously enacted Washington Condominium Act and Washington Homeowner’s Association Act. Under UCIOA, “common interest community” is defined to include condominiums and homeowner’s […]
WA Courts Rule that HOA Members Must Be Present in Person to Vote on Amendments
The Washington Court of Appeals recently held in an unpublished opinion that a requirement in a homeowners association’s bylaws that owners be “present” in order to vote on amendments to that document means that they must be present in person. Read the article…………………………..
Washington Court Upholds Process Service of Owner by Publication
In a recent unpublished opinion, the Washington Court of Appeals decided that a condominium association was entitled to serve an owner with a lawsuit by publication. Read the article………………………….
THE QUALITIES OF A COMPETENT COMMUNITY ASSOCIATION MANAGER
Community Association Managers (“CAMs”), often incorrectly referred to as property managers, are the people that can make your life as a resident of a condominium association or a homeowners association wonderful or painful, depending upon the quality of the manager and the reasons you need to or have to interact with that person. The core […]
Court Affirms Condo Board’s Decision as Valid Exercise of Business Judgment (WA)
A condominium association’s board agreed to allow a unit owner to install a heat pump on the condition that he sign a document to protect the association. The unit owner argued in a lawsuit that this breached the board’s duty to exercise ordinary and reasonable care. The board responded that the business judgment rule protected […]
DING-DONG – WHERE HAS YOUR PRIVACY GONE? RINGTM VIDEO DOORBELLS IN CONDOMINIUMS
If you have heard of the Ring™ Video Doorbell, then you have likely heard and/or read about its promise of bringing security to answering one’s front door and reducing crime in neighborhoods. It makes sense, doesn’t it? The idea that by placing this product outside your front door and connecting the device to your smartphone, […]
Washington Legislature Amends WUCIOA
The Washington Legislature recently approved a new law updating the Washington Uniform Common Interest Ownership Act (“WUCIOA”; RCW 64.90) in various ways. The most significant changes related to condominium liability. Read the article……………………
Misadventures in Rulemaking
Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible. Read the article………………………
Washington Court of Appeals Affirms Covenant Enforcement Jurisdiction
The Washington Court of Appeals recently ruled in an unpublished opinion that a superior court had jurisdiction over a covenant enforcement lawsuit by a community association against a set of its owners. Read the article………………………..
ASSOCIATIONS’ RESPONSIBILITY FOR THE RESULTS OF CRIMINAL ACTIVITY
No one really knows why people commit crime, hence no one really knows what is “adequate” deterrence in any given situation. While bright lights [or in this case, an alarm] may deter some, they will not deter all. Some persons cannot be deterred by anything short of impenetrable walls and armed guards. 7735 Hollywood Blvd. […]
2019 Condominium Warranty Reforms and WUCIOA Clarifications (WA)
The Washington Legislature wrapped up its 2019 session by enacting much-anticipated reform to the condominium implied construction warranties. The warranty reform bill also included important clarifications of the application of WUCIOA to existing projects that straddled the effective date of WUCIOA. These reforms are contained in SB 5334, which becomes effective on July 28, 2019. […]
Do You Swear to Tell the Truth, the Whole Truth, and Nothing but the Truth . . .
There are a number of ways an upset homeowner could choose to express their discontent with their association, the board, or another resident. They could raise concerns at a meeting, complain in writing, or even run for the board to try to make policy changes. Instead, unfortunately, sometimes they choose to interrupt, disrupt, shout over […]
WATER LOSS: HOW TO APPROACH YOUR ASSOCIATION ABOUT WATER LOSS/DAMAGE IN YOUR HOME
Water intrusion and the subsequent damage it can cause (commonly referred to in the insurance industry as “water loss”) can occur at any time. While the rainy season in the greater Puget Sound region tends to strike fear in those with an older roof or less than perfect siding, the truth is, a water loss […]
Court of Appeals Upholds Condominium Association’s Collection Action (WA)
The Washington Court of Appeals recently ruled in favor of a condominium association in an assessment collection dispute. The Court affirmed the association’s power to levy regular and special assessments for common expenses and its perfected lien on the unit. Read the article…………………
Parking and Storage Litigation Resolved in Favor of Condominium Association
The Washington Court of Appeals recently ruled in favor of a condominium association in an unpublished opinion concerning the ownership of parking spaces and storage areas. An owner came to believe that certain parking spaces and storage areas were appurtenant to his units. Read the article…………………..