We are getting lots of questions about the Corporate Transparency Act (CTA) and how its reporting requirements affect community associations. Did you know that last week, FinCen published its Beneficial Ownership Reporting Outreach and Education Toolkit? Linked here, this resource is intended to help companies comply with the CTA’s reporting requirements. The CTA requires all…
Author Archives: Valerie Farris Oman
WUCIOA For All – SB 5796
Did you know that the “WUCIOA for all” bill also makes changes to WUCIOA as it governs communities already subject to the statute? Most of those changes will take effect on June 6, 2024, while the “for all” portion of the bill does not take effect until January 1, 2028. The bill is a 197-page…
New Foreclosure Requirements for Community Associations
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Key Provisions: You cannot start a foreclosure if less than 3 months of regular dues or $200 (whichever is larger) is delinquent. You cannot count fines, late fees, interest, or attorney…
Governor’s Proclamation Affecting Association Delinquencies & Meeting Procedures
Washington State Governor Jay Inslee has issued many proclamations suspending and/or modifying state laws in order to provide financial relief to individuals affected by COVID-19. Recent proclamations affect what community associations can do when an owner falls behind on assessments, but also allows electronic meetings for all associations for the next month. It is possible…
Common Facilities and COVID-19
Many communities have questions about managing their common facilities in light of the COVID-19 virus. Associations need to balance the needs of the larger community against protecting the health and safety of their members. This memo contains general information, not legal advice. We cannot give legal advice without review of your governing documents and your…
Annual Meetings and COVID-19
Many communities have questions about whether and how to conduct annual meetings in light of the COVID-19 virus. Especially given the ban on gatherings and closures of schools. Communities need to balance the need to conduct Association business against protecting the health and safety of their members. Before discussing some options, remember that the general…
Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA?
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget….
How does a Community Adopt WUCIOA?
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIOA. Second, the board must vote to amend the declaration to remove provisions which directly conflict with WUCIOA….
Short Term Rentals – Commercial Use?
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellings to “residential purposes,” but this undefined term has led to problems in its use…
WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees
WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date….
Author Archives: Valerie Farris Oman
Corporate Transparency Act Info for Associations
We are getting lots of questions about the Corporate Transparency Act (CTA) and how its reporting requirements affect community associations. Did you know that last week, FinCen published its Beneficial Ownership Reporting Outreach and Education Toolkit? Linked here, this resource is intended to help companies comply with the CTA’s reporting requirements. The CTA requires all…
WUCIOA For All – SB 5796
Did you know that the “WUCIOA for all” bill also makes changes to WUCIOA as it governs communities already subject to the statute? Most of those changes will take effect on June 6, 2024, while the “for all” portion of the bill does not take effect until January 1, 2028. The bill is a 197-page…
New Foreclosure Requirements for Community Associations
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Key Provisions: You cannot start a foreclosure if less than 3 months of regular dues or $200 (whichever is larger) is delinquent. You cannot count fines, late fees, interest, or attorney…
Governor’s Proclamation Affecting Association Delinquencies & Meeting Procedures
Washington State Governor Jay Inslee has issued many proclamations suspending and/or modifying state laws in order to provide financial relief to individuals affected by COVID-19. Recent proclamations affect what community associations can do when an owner falls behind on assessments, but also allows electronic meetings for all associations for the next month. It is possible…
Common Facilities and COVID-19
Many communities have questions about managing their common facilities in light of the COVID-19 virus. Associations need to balance the needs of the larger community against protecting the health and safety of their members. This memo contains general information, not legal advice. We cannot give legal advice without review of your governing documents and your…
Annual Meetings and COVID-19
Many communities have questions about whether and how to conduct annual meetings in light of the COVID-19 virus. Especially given the ban on gatherings and closures of schools. Communities need to balance the need to conduct Association business against protecting the health and safety of their members. Before discussing some options, remember that the general…
Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA?
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget….
How does a Community Adopt WUCIOA?
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIOA. Second, the board must vote to amend the declaration to remove provisions which directly conflict with WUCIOA….
Short Term Rentals – Commercial Use?
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellings to “residential purposes,” but this undefined term has led to problems in its use…
WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees
WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date….