On February 11, 2019, Division One of the Washington Court of Appeals issued an opinion in the case of Woodley v. Style Corp. d/b/a Servpro of Shoreline/Woodinville, No. 77352-6-I (Wash. Ct. App. Feb. 11, 2019). The case highlights the care that should be exercised in filing a lien claim for services furnished to improve a […]
Homeowners Associations Ruled Jointly Obligated to Maintain Pond (WA)
After examining the relevant plats and agreements, the Washington Court of Appeals ruled last month that two homeowners associations are jointly obligated to maintain a stormwater drainage pond. Read the article………………….
A License Is Required to Pursue Collection of Delinquent Assessments in Washington
Washington law requires individuals and entities who pursue the collection of delinquent condominium assessments to obtain a collection agency license and to maintain a $5,000 surety bond. The activities of collection agencies are subject to state regulation and oversight. Your association should ensure that any individual or entity that it uses to collect delinquent assessments […]
Insurance Industry Responds, and Owners May Pay the Price
Events of casualty damage, even when some of the damage is covered by an association’s insurance policy, can be very expensive for condominium and homeowners associations, primarily because association insurance deductibles are typically tens of thousands of dollars per claim. The deductible expense is really just the portion of the cost to repair that is […]
WA Court: HOAs May Record Liens Without Providing Owners With Notice and Hearing
Collecting past due assessments can certainly be scary sometimes. After one homeowners association recorded a lien on a delinquent property and obtained a judgment against its owners, they appealed to the Washington Court of Appeals. The court ruled that the association was permitted to record the lien without providing the owners with notice and an […]
Condominium and Homeowners Association Budgets Must be Ratified (WA)
It’s community association budget season! Due to the recent implementation of WUCIOA (see my previous post about this here), all Washington State condominium and homeowners association budgets must be ratified by those associations’ owners in order to take effect. Read the article………………
Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA? (WA)
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget. […]
Big Changes in Washington State HOA Law
The Washington Common Interest Ownership Act (WUCIOA) was passed by the Washington State Legislature on March 6, 2018 and goes into effect on July 1, 2018. This comprehensive legislation represents a significant change in community association law for Washington. The numerous statutes that previously governed community association law in Washington were vague, leading to disputes […]
How does a Community Adopt WUCIOA? (WA)
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIOA. Second, the board must vote to amend the declaration to remove provisions which directly conflict with WUCIOA. […]
Washington Uniform Common Interest Ownership Act (WUCIOA) Effective July 1
The Washington Uniform Common Interest Ownership Act (WUCIOA) takes effect on July 1. This new law applies to all condominium and homeowners associations created in Washington on or after that date. The following section of WUCIOA applies to condominium and homeowners associations created in Washington before that date as well: Read the article…………….
What’s Your Authority?
I was reminded this week of a common pitfall: Don’t choose your authority to fit the argument you’re trying to make at the time. Savvy board members and managers look for authority before taking action on behalf of their community associations. What happens when you find what appears to be conflicting authority? Conflicts sometimes require […]
Short Term Rentals – Commercial Use? (WA)
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Certainly an obvious and risk-averse approach is to record an amendment to the declaration either prohibiting rentals altogether, capping rentals, or otherwise […]
WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees (WA)
WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
WUCIOA – What is it, and why should my community association care? Topic 6: Actions without Board Meetings
WUCIOA provides a limited ability for Boards to take action by email . (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
No, You Don’t Own Your Condo Parking Spot
A relatively common request fielded by condominium associations is from owners wanting to sell their parking spot to another owner. While many owners may believe they own their parking space, parking spaces are almost universally classified as limited common elements that are assigned to a particular unit. While this means unit owners have many of […]
WUCIOA – What is it, and why should my community association care? Topic 5: Electronic Notice (WA)
WUCIOA provides for electronic notice to members who “opt in” to such notice. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. […]
WUCIOA – What is it, and why should my community association care? Topic 4 – Open Board Meetings (WA)
WUCIOA requires all board and board committee meetings to be open to the members (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that […]
WUCIOA – What is it, and why should my community association care? Topic 3 – Restrictions on Use (WA)
WUCIOA makes restrictions on use easier to adopted, like rental caps and smoking bans (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that […]
WUCIOA – What is it, and why should my community association care? Topic 2 – Association Records (WA)
The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. But existing HOAs and Condos can CHOOSE to adopt WUCIOA, and the legislature made it easier to do that than any other amendment […]
WUCIOA – What is it, and why should my community association care? Topic 1 – Collections (WA)
If you have owners who don’t pay their dues, WUCIOA is better for most communities. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after […]
What is WUCIOA, and Will it Affect my Association? (WA)
If your Homeowners Association was created before July 1, 2018, most of the Washington Uniform Common Interest Ownership Act (WUCIOA) won’t apply to you. The only change you’ll want to be aware of relates to how your community adopts its budget. The Washington Uniform Common Interest Ownership Act (WUCIOA) will govern new condominiums and other […]
What is WCIOA? (WA)
As many of you may already know, the Washington Common Interest Ownership Act (“WCIOA”) was adopted by the legislature this year and goes into effect on July 1, 2018. The 135-page bill will replace both the Condo Act (RCW 64.34) and the HOA Act (RCW 64.38) for all Common Interest Communities (“CICs”) created after July […]
Washington adopts version of Uniform Common Interest Ownership Act
Here is the summary of the bill:
Well, Yes – Washington Court Affirms Authority of Homeowners Association
Two Washington homeowners recently challenged the authority of their homeowners association to manage well water services in their housing development. In an opinion published earlier this month, the Washington Court of Appeals affirmed that the homeowners association’s exercise of authority was consistent with Washington law and the homeowners’ deed. Read the article……………..
What Percentage of Owners Must Approve a Rental Restriction in a Condominium? (WA)
For New Act condo associations (those created July 1, 1990 or later), state law requires that 90% of owners (and every affected owner) vote in in favor of a declaration amendment in order to pass a “restriction on use.” For Old Act condo associations, state law only requires that 60% of owners consent to any […]
Update on the Infamous Open Garage Door Rule
On January 25, 2018, I blogged about an HOA in Auburn, California that passed a rule requiring all of its owners to leave their garage doors open during the day. The goal of the rule was to prevent owners from using their garages as living spaces. The patently overbroad rule—which, in effect, would render residents’ […]
How An HOA’s Members Manage Their Boards of Directors
It used to surprise me if members of some HOAs or Condominium Associations felt controlled by their Boards, until I actually lived in an HOA. Therefore, I developed a strategy for dealing with this problem that may be helpful for others who feel the same way. It may be a painful process for one member […]
Code RED
I was recently participating in a mediation for a client condominium association. We are pursuing a first party insurance claim for property damage discovered by the client. Due to the amount of repairs necessary for the project, the client triggered certain code upgrades required by the County and fire department. The upgrades were both unexpected […]
Washington Legislature Adopts Washington Uniform Common Interest Ownership Act
On March 6, 2018, the Washington State Legislature passed the Washington Uniform Common Interest Ownership Act (WUCIOA). It will take effect on July 1, 2018 unless Governor Jay Inslee vetoes the bill. The WUCIOA is comprehensive legislation which will apply to many types of common interest communities, including condominiums, homeowner associations, and real estate cooperatives. […]
The Power of the ARC
As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or “ARCs” for short). In CB Investments v. Murphy and Weber v. Board of Directors of Laurel Oaks Association, the Wisconsin Court of Appeals and the Pennsylvania Commonwealth Court, […]
Can an Association Restrict Use of a Swimming Pool/Other Amenities to “Adults Only” for Part of the Day?
An association in Washington probably cannot restrict use of an amenity (i.e. a swimming pool) to “adults only” for any part of the day, unless there are identical amenities available for use by children. Such a restriction would likely constitute discrimination based on age, which is prohibited by the federal Fair Housing Act. But an […]
Can an Association Restrict the Installation or Use of Satelite Dishes?
An association can adopt limited restrictions on the installation or use of satellite dishes. Federal regulations greatly restrict the ability of associations to regulate satellite dishes.[i] These regulations apply to owners of condominium units, single family homeowners, and their tenants. Read the article…………….
What are Limited Common Elements? Part Two (WA)
“Limited common elements” can be spaces or things. Parking spots are an example of “spaces” that are frequently defined as “limited common elements” in an association’s Governing Documents. Parking spaces are essentially blocks of air surrounded by common elements and lines drawn on pavement. In most cases, the boundary of the limited common element is […]
What are Limited Common Elements? Part One (WA)
Under the New Act (RCW 64.34 et seq., Washington’s Condominium Act) and Old Act (RCW 64.32 et seq., the Horizontal Property Regimes Act), limited common elements or areas are defined as a subset of common elements or areas. Specifically, limited common elements are the portion of common elements (owned by everyone) that are designated in […]
Smoking: Can an Association Ban Smoking? Part Two
There are three ways we have seen clients enact (or attempt to enact) a no-smoking rule: 1) Amendment to Declaration/CC&Rs: This method is likely the most difficult and costly way to enact a smoking ban, but it will be given the most deference by courts and be relatively strong in the face of legal challenges. […]
What do Your Rules Say about Your Community?
A lot has been said about community association rules, but most of these discussions center on the content of the rules as opposed to the overall language used or impression the rules give to owners within the community. Yet, there is another aspect of rules to consider. A good set of rules conveys not only […]
Hanover unit not obligated to cover builder on roofing project (WA)
A unit of The Hanover Insurance Group Inc. was not obligated to provide coverage to a construction firm being sued over work it had performed on condominium units because of a policy exclusion, says a federal appeals court, in upholding a lower court ruling. Edgewood, Washington-based Chase Construction North West Inc. was sued by Lakewood, […]
Smoking: Can an Association Ban Smoking? Part One (WA)
An association may enact a rule banning smoking in common areas, and can probably ban it in individual units/homes as well. However, an association must consider several potential risks and benefits before enacting such a rule. We generally treat tobacco, marijuana, and vaping any substance the same way in adopting and enforcing community association rules. […]
When a Project Manager is Needed
I have never seen a Condo Declaration that required a project manager for any maintenance or repair. But if I were to look, I would look at the maintenance provisions, the authority of the board provisions and the damage and destruction provision. The damage and destruction provision often provides the OPTION of hiring architects and […]
Sex Offenders and Criminals: Can They Be Banned by a Community?
Associations generally have the right to regulate their communities. In Washington, this probably includes the right to ban registered sex offenders and other persons with criminal history from living in the community. However, an association’s right to evict existing occupants based on their status as a sex offender is less clear. In addition, associations considering […]
Animals: May a Community Ban or Restrict Them?
An Association may ban or restrict animals, if the restriction is: A) reasonable; B) enforced uniformly; and C) included in the governing documents. However, there are some exceptions: Read the article…………….
Elevator Pitch
I recently read an article published by U.S. News & World Report titled, How to Win a Fight With your Condo Association – Without Going Broke by Teresa Mears. The article includes some solid guidance. A more accurate but less flashy title might have been – How to influence Association Policy – Without a Fight. […]
Child’s Play
The HOA Act states that, unless otherwise provided in an association’s governing documents, an association may adopt and amend rules and regulations. RCW 64.38.020(1). With such broad authority, how does a board know if a rule goes too far? Is there a rule of thumb? I thought about these questions recently after hearing about an […]
Sidewalks: Keeping Your Liability off the Streets
It’s an all too familiar story: a store customer slips on spilled liquid in an aisle, is injured in the fall, and sues the store. Whether the customer can hold the store responsible depends on a variety of specific facts, including whether the store knew or should have known about the spilled liquid before the […]
Washington Condo Associations Do Not Have Lien Priority Over Existing HOAs
The Washington Court of Appeals affirmed last month that a condominium association’s lien for assessments was not entitled to statutory priority over similar assessments made pursuant to the covenants of an existing homeowners association within which the condominium was organized. Read the article………………….
Costs to Maintain Limited Common Elements Assessed to All Owners (WA)
A Washington Appeals court ruled that condos subject to the Horizontal Property Regimes Act (the “Old” condo Act; RCW 64.32) must assess repairs for limited common areas as common expenses against all owners based on their percentage ownership interest. The Act makes no exceptions to that rule. An association had assessed individual owners for repairs […]
Buyer Beware
The Washington Condominium Act (WCA) implied warranties are again under attack by some in the building industry. In the 1990s and early 2000s there was a glut of terrible construction that resulted in huge repair costs and a lot of litigation. The WCA warranties provided recourse for many owners with construction defects during that time. […]
Winterization Tips for Condos
The last week saw high winds, power outages, and colder temperatures sweep into the Pacific Northwest, announcing that winter is on its way. For condominium owners, cold weather brings a variety of risks that, if left unaddressed, can impact not just their own unit, but the units of their neighbors. Thankfully, there are a number […]
Washington Appellate Court: Condominium Bylaws Amendment Is Invalid
A recent Washington unpublished opinion concerned the amendment of a condominium association’s bylaws. The condominium’s declaration stated that amending the bylaws required the approval of a majority of the unit owners. The bylaws were amended in 2015 without the approval of a majority of the unit owners, and an owner challenged the validity of that […]