In the case of Bangerter v Hat Island Community Association decided February 24, 2022, the Washington Supreme Court discussed the standards applicable to HOAs when they establish assessments for homeowners. The case involved a Hat Island (Snohomish County) HOA where...
2021 WASHINGTON LEGISLATION IMPACTS HOA & COA LIEN FORECLOSURE PROCEDURE
In 2021 the Washington Legislature passed new legislation impacting the procedure by which Condominium Associations and Homeowners Associations foreclose their delinquent assessments. This was special legislation that is, by its own terms, to expire January 1, 2024. ...
STRUCTURES THAT VIOLATE (OR POSSIBLY VIOLATE) CCRS – A LOOK AT TWO WASHINGTON COURT DECISIONS
It is important that those sitting on Boards and committees that govern HOAs and COAs have a good working knowledge of legal principles applicable to decisions approving or disapproving proposed homeowner construction projects in their communities. This blog will not...
2020 Case (Bangerter v. Hat Island Community Association): Validity Of Non-Uniform Assessments & Legal Standard Of Care For HOA & Its Officers/Directors
The Washington Court of Appeals (Division One) decided the case of Bangerter v. Hat Island Community Association in September 2020. In doing so the Court analyzed and made rulings relevant to all planned communities (HOAs and COAs) and their governing boards. The...
Sweeping New Washington Legislation Impacts All HOAs & COAs
The Washington Legislature in 2018 enacted a comprehensive set of new statutes governing Homeowners’ Associations (“HOAs”) and condominium owners’ associations (“COAs”). This new legislation is entitled the Washington Uniform Common Interest Ownership Act (“WUCIOA”),...
New Retainer Plan Offer For Medium-Sized And Smaller Associations
Previously our firm has provided legal fee retainer plans only to our larger HOA and COA Association clients. We are now pleased to offer a new retainer program that smaller Associations may find attractive. This plan is designed to make legal advice and related...
Statutory Requirements RE HOA Association Meeting Minutes
Beginning in 2014 HOAs must now by law (RCW 64.38.035) “make available to each owner of record for examination and copying minutes from the previous Association meeting not more than sixty (60) days after the meeting.” Thus, minutes must be generated and must be...
BEWARE: A Legal Challenge To Condominium Declaration (“CCRs”) Amendments Will Likely Fail If Not Commenced Within 1 Year
A recent Washington Supreme Court Case, Bilanko v. Barclay Court Owners Association, Wn.2d (2016) makes it clear that a legal challenge to an improperly adopted amendment to condominium CCRs must be brought within 1 year of the recording of the amendment. In Bilanko...
**UPDATE** CAN AN ASSOCIATION AMEND ITS CCRS TO RESTRICT RENTAL OF UNITS?
In 2014 I posted a blog regarding an issue that frequently arises in Condominium and Single Family Residence (“SFR”) planned communities: Can the rental of the units/homes can be prohibited or restricted? That 2014 Blog, which you can read on this website, is still...
Adopting A Homeowners’ Bill Of Rights
Planned communities, whether Condominium or single-family-residence in make-up, can establish what is referred to as a “Homeowners’ Bill of Rights”. The purpose of such a Bill of Rights is to place limitations on the power of Association and its Board to dictate life...
