The purpose of using Robert’s Rules of Order or some other rules of parliamentary procedure is to allow a group to make decisions, allow all members of the group an opportunity to speak, and to do so in an orderly and controlled fashion. If your group, regardless of size, has a process for meeting, talking, and…
Author Archives: Ken Harer
Rent Interception
Can condo associations intercept rent from a tenant living in an owner’s unit? This week we assisted a tenant living in a unit that is going through a bank foreclosure. The condo association has demanded that the rent be paid to the association, not the landlord. The association is threatening to sue if they don’t…
Enforcing Your Governing Documents
On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation supporting the decision making process of the board. And when unit owners don’t…
Limited Common Element Confusion
Limited common elements (LCE) in condominiums can be spaces or things. Spaces are like parking spots, decks, and storage closets. Things are like fireplaces, windows, or wires. When the LCE is a space, the boundaries of the space need to be defined so that the maintenance and repair responsibility can be allocated to the association…
Beware of Frozen Pipes!
It’s that time of year again – temperatures are dropping, and if you’re ever going to deal with the risk of a frozen or burst pipe, winter is when it’s likely to happen. In the past, condominium association insurance policies have routinely provided coverage for Condominium property (common areas and apartments/units) when a pipe has…
Who Pays for Limited Common Element Maintenance?
Today I was asked again about whether the waterproof coating on a limited common element deck was the unit owner’s responsibility or the condo association’s responsibility. The answer depends on your specific condominium declaration, and depends on several factors, most of which owners and managers are confused about. First is the boundary of the limited…
Smoking in Condominiums
In preparing for a presentation I will be doing this January, I have done a bit of research into whether condo associations can prohibit smoking within their communities. Condo associations almost always have the ability to restrict smoking in common areas, and even limited common areas like decks and patios. But can they prohibit smoking…
What’s in a Name?
This week I was asked to review a construction contract valued at about $50,000. In addition to problems because the contract was written by the contractor with very favorable terms for the contractor, we discovered that the association used the wrong corporate name. It appears that the association has been using the wrong legal name…
New Regulations for Carbon Monoxide to Impact Condominiums in 2011
The building code adopted in 2010 by Washington State has a new provision that requires Carbon Monoxide (CO) detectors in the immediate vicinity of the bedroom in all dwelling units. For new construction this requirement takes effect on January 1, 2011. More important, EXISTING dwelling units (read that as any residential condo unit) must be…
Contracts Should Reflect the Agreement of the Parties
This week I was asked to review a $100,000 or so construction contract between a condo association and a contractor. There were many missing documents and specifications as to what work would be done, and lots of work that would be needed was specifically excluded. I responded to both parties that my objective was to…
Author Archives: Ken Harer
Robert’s Rules of Order
The purpose of using Robert’s Rules of Order or some other rules of parliamentary procedure is to allow a group to make decisions, allow all members of the group an opportunity to speak, and to do so in an orderly and controlled fashion. If your group, regardless of size, has a process for meeting, talking, and…
Rent Interception
Can condo associations intercept rent from a tenant living in an owner’s unit? This week we assisted a tenant living in a unit that is going through a bank foreclosure. The condo association has demanded that the rent be paid to the association, not the landlord. The association is threatening to sue if they don’t…
Enforcing Your Governing Documents
On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation supporting the decision making process of the board. And when unit owners don’t…
Limited Common Element Confusion
Limited common elements (LCE) in condominiums can be spaces or things. Spaces are like parking spots, decks, and storage closets. Things are like fireplaces, windows, or wires. When the LCE is a space, the boundaries of the space need to be defined so that the maintenance and repair responsibility can be allocated to the association…
Beware of Frozen Pipes!
It’s that time of year again – temperatures are dropping, and if you’re ever going to deal with the risk of a frozen or burst pipe, winter is when it’s likely to happen. In the past, condominium association insurance policies have routinely provided coverage for Condominium property (common areas and apartments/units) when a pipe has…
Who Pays for Limited Common Element Maintenance?
Today I was asked again about whether the waterproof coating on a limited common element deck was the unit owner’s responsibility or the condo association’s responsibility. The answer depends on your specific condominium declaration, and depends on several factors, most of which owners and managers are confused about. First is the boundary of the limited…
Smoking in Condominiums
In preparing for a presentation I will be doing this January, I have done a bit of research into whether condo associations can prohibit smoking within their communities. Condo associations almost always have the ability to restrict smoking in common areas, and even limited common areas like decks and patios. But can they prohibit smoking…
What’s in a Name?
This week I was asked to review a construction contract valued at about $50,000. In addition to problems because the contract was written by the contractor with very favorable terms for the contractor, we discovered that the association used the wrong corporate name. It appears that the association has been using the wrong legal name…
New Regulations for Carbon Monoxide to Impact Condominiums in 2011
The building code adopted in 2010 by Washington State has a new provision that requires Carbon Monoxide (CO) detectors in the immediate vicinity of the bedroom in all dwelling units. For new construction this requirement takes effect on January 1, 2011. More important, EXISTING dwelling units (read that as any residential condo unit) must be…
Contracts Should Reflect the Agreement of the Parties
This week I was asked to review a $100,000 or so construction contract between a condo association and a contractor. There were many missing documents and specifications as to what work would be done, and lots of work that would be needed was specifically excluded. I responded to both parties that my objective was to…