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...
Homeowners’ Associations
**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...
Association Voting Procedures For Adopting Budget And Fixing Assessments
In many Associations (both condominium and non-condominium communities) there is uncertainty, and sometimes major conflict, over the proper procedure by which annual Association budgets and assessments are adopted. The following questions arise: A. Regarding The...
CAN AN ASSOCIATION AMEND ITS CCRS TO RESTRICT RENTAL OF UNITS?
An issue that frequently arises in Condominium and Single Family Residence (“SFR”) planned communities is whether the rental of the units/homes can be prohibited or restricted. While there are still some unanswered questions regarding this issue in the State of...
Legal Responsibilities of Association Board Members & Their Potential Liability
Board Members of community Associations, just like corporate directors, are held to a legal standard of care in their conduct and decisions while serving on the Board. This standard of care applies in relation to the Association Members whom they represent. You will...
Associations Should Be Incorporated
The vast majority of Associations are incorporated as nonprofit corporations. There are some Associations, however, that are not incorporated. This may be due to oversight or may be intentional in the case of some single-family residence Associations (“HOAs”) and some...
Is There A Statute Of Limitations Applicable To Addressing Violations Of CCRs?
I have Association clients whose (usually newer) Board members have decided to enforce their CCRs to resolve longstanding violations. They have asked me whether there is a “Statute Of Limitations” that might bar covenant enforcement action after a certain number of...
COA Lien Foreclosure Eliminates Prior Mortgage Lien
The foreclosure of Condominium Owners Association (“COA”) assessment liens can under some circumstances remove and eliminate a prior mortgage lien. In two recent Washington State Court of Appeals decisions the Court ruled that the COAs in those cases that had...
How To Interpret And Understand Community Covenants (“CCRs”)
Association Boards (both Condominium and Single Family Residence communities) frequently struggle to understand the provisions of the CCRs that apply to their community. This particularly arises in the context of regulating questionable member activities and uses and...