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Statutory Requirements RE HOA Association Meeting Minutes
September 19th, 2016
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 gener…
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Categories: Homeowners' Associations
BEWARE: A Legal Challenge To Condominium Declaration (“CCRs”) Amendments Will Likely Fail If Not Commenced Within 1 Year
August 22nd, 2016
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 amend…
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Categories: Homeowners' Associations
**Update** Can An Association Amend Its CCRS To Restrict Rental Of Units?
November 13th, 2015
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 thi…
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Categories: Homeowners' Associations
Adopting A Homeowners’ Bill Of Rights
May 18th, 2015
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 it…
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Categories: Homeowners' Associations
Association Voting Procedures For Adopting Budget And Fixing Assessments
February 4th, 2015
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. R…
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Categories: Homeowners' Associations
CAN AN ASSOCIATION AMEND ITS CCRS TO RESTRICT RENTAL OF UNITS?
June 11th, 2014
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…
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Categories: Homeowners' Associations
Legal Responsibilities of Association Board Members & Their Potential Liability
October 9th, 2013
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 rep…
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Categories: Homeowners' Associations
Associations Should Be Incorporated
September 20th, 2013
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…
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Categories: Homeowners' Associations
Is There A Statute Of Limitations Applicable To Addressing Violations Of CCRs?
August 5th, 2013
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…
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Categories: Homeowners' Associations
COA Lien Foreclosure Eliminates Prior Mortgage Lien
May 1st, 2013
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 c…
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Categories: Homeowners' Associations