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…
Author Archives: Ken Harer
Washington State Supreme Court Resurrects Rental Restrictions for Many Condo Associations
On April 28, 2016, the Washington State Supreme Court issued an order in a case called Bilanko v. Barclay Court which, in effect, reverses its decision in Filmore v. Centre Pointe from 2015 – but only for associations that adopted their rental caps more than a year prior to them being challenged by any owner. RCW 64.34.264(2)…
Are Co-ops Subject to Landlord Tenant Law?
Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1] As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords. This position is based on both statute and case law….
What Laws Govern Cooperative Housing Developments?
There are multiple entities that can form a cooperative housing development, and thus the laws governing a particular cooperative housing development depend on the cooperative’s specific structure. Under Washington law, a corporation or association may only use the term “cooperative” as part of a corporate or business name if it meets certain requirements.[1] Three of…
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1) “Companies” are not licensed…
Reserves for Mixed Use Building & Limited Common Elements
Often condo declarations state that some building components are to be paid for exclusively by one group of owners. This may include all residential owners, or all owners within a single building. This means that reserve contributions for those components must come only from the units to which the cost is allocated. We frequently see reserve…
Reserve Contributions
What is a “fully funded reserve contribution”? Most condo boards, managers, and reserve study professionals do not understand that the “fully funded balance” is not directly related to the “contribution rate”, and that the “contribution rate” calculation required by the Washington condominium act has nothing to do with being fully funded. Just as a company’s balance…
Building Envelope Inspections Gone Bad
In the past month I have been handed 5 different “engineering inspection reports” by construction consultants who have found problems or defects with construction on condominium buildings. Every one has failed to evaluate the building in terms of any damage resulting from the as-built construction, and have left the condo association with a report saying…
Your Condo Declaration is Not a Contract Between You and the Developer
Many buyers of condominiums do not understand that the Condo Association and the Developer are not the same (even though they seem to be early on in the life of the Condo Association). The purchase and sale agreement that the buyer and seller have is not a contractual relationship between the Association and the buyer,…
Update on Carbon Monoxide Sensors
Since my posting last October regarding Carbon Monoxide sensors, the code revisor’s offices and the state have been busy making changes. There is a lot of confusion regarding the imposition of the new requirement, and different players putting their hands on the regulations. Originally it seems the legislation adopted a requirement, separate from the building…
Author Archives: Ken Harer
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…
Washington State Supreme Court Resurrects Rental Restrictions for Many Condo Associations
On April 28, 2016, the Washington State Supreme Court issued an order in a case called Bilanko v. Barclay Court which, in effect, reverses its decision in Filmore v. Centre Pointe from 2015 – but only for associations that adopted their rental caps more than a year prior to them being challenged by any owner. RCW 64.34.264(2)…
Are Co-ops Subject to Landlord Tenant Law?
Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1] As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords. This position is based on both statute and case law….
What Laws Govern Cooperative Housing Developments?
There are multiple entities that can form a cooperative housing development, and thus the laws governing a particular cooperative housing development depend on the cooperative’s specific structure. Under Washington law, a corporation or association may only use the term “cooperative” as part of a corporate or business name if it meets certain requirements.[1] Three of…
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1) “Companies” are not licensed…
Reserves for Mixed Use Building & Limited Common Elements
Often condo declarations state that some building components are to be paid for exclusively by one group of owners. This may include all residential owners, or all owners within a single building. This means that reserve contributions for those components must come only from the units to which the cost is allocated. We frequently see reserve…
Reserve Contributions
What is a “fully funded reserve contribution”? Most condo boards, managers, and reserve study professionals do not understand that the “fully funded balance” is not directly related to the “contribution rate”, and that the “contribution rate” calculation required by the Washington condominium act has nothing to do with being fully funded. Just as a company’s balance…
Building Envelope Inspections Gone Bad
In the past month I have been handed 5 different “engineering inspection reports” by construction consultants who have found problems or defects with construction on condominium buildings. Every one has failed to evaluate the building in terms of any damage resulting from the as-built construction, and have left the condo association with a report saying…
Your Condo Declaration is Not a Contract Between You and the Developer
Many buyers of condominiums do not understand that the Condo Association and the Developer are not the same (even though they seem to be early on in the life of the Condo Association). The purchase and sale agreement that the buyer and seller have is not a contractual relationship between the Association and the buyer,…
Update on Carbon Monoxide Sensors
Since my posting last October regarding Carbon Monoxide sensors, the code revisor’s offices and the state have been busy making changes. There is a lot of confusion regarding the imposition of the new requirement, and different players putting their hands on the regulations. Originally it seems the legislation adopted a requirement, separate from the building…