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...
Homestead Exemption & Foreclosure of Association Liens
A relatively obscure Washington statute (RCW 6.13.080) now requires Homeowner Associations (“HOAs”) to mail notice to its members explaining that no “homestead exemption” will be recognized if an Association lien for unpaid assessments is foreclosed against their...
Association Board Meetings – Can They Be Confidential?
ASSOCIATION BOARD MEETINGS – CAN THEY BE CONFIDENTIAL? Rules and procedures relating Association Board meetings are very different than those applicable to general membership meetings. A number issues can arise in this regard that I will address in this Memo....
Recently Passed Washington State Laws Impact Home Owner Associations
The Washington State Legislature has recently passed new legislation affecting reserve requirements both Condominium and traditional single family residence Homeowners Associations. Overview The new legislation will require Association Boards in their annual budget...
