The Washington Court of Appeals upheld a ruling that a homeowners association director who is opposing the board on an issue and is likely to file a lawsuit against the association is not entitled to legal advice from the association’s attorney, nor is the adverse board member entitled to attend board meetings where the issue…
Author Archives: Valerie Farris Oman
Association Required to Provide Names and Addresses of Delinquent Owners
The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decide a similar issue. The recent case of Frobish v. Cedar Lakes Village Condominium Association concerned…
Discrimination Against College Students Legal?
A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue. The 2015 case, The SPUR at Williams Brice Owners Association, Inc. v. Lalla, concerns a condominium property located…
Are Management Companies Debt Collectors?
A federal court in Indiana recently ruled that a management company is not a debt collector subject to the Federal Fair Debt Collection Practices Act (FDCPA or “the act”) if the owner is not delinquent when the management company is hired by the association. This court’s interpretation of the statute is persuasive, but not binding,…
Discrimination Against Children
Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ). In one case, an association’s management company, the association,…
Don’t Disregard the Formalities of Due Process
The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. A condo association in Connecticut alleged that an owner violated the condominium’s declaration by…
Master HOA Rental Restriction does NOT apply to Subassociation Condominium
In 2012, Alan and Erika White purchased a condominium in a subassociation of the Lakeland master community (Lakeland) in Auburn, WA. The master community is a mix of single family homes and condominium subassociations. The Lakeland declaration contains a provision preventing the rental of a “Single-Family Home” within the first year of purchase. The condominium…
Receivership – Brief Overview
When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.364(10)). As a practical matter, once appointed, the receiver rekeys the unit (assuming it is…
Two-Prong Test for the Reasonableness of House Rules
A recent Division II Court of Appeals case has set out a two-prong test for determining whether a house rule is reasonable. The case, Kawawaki v. Academy Square Condominium Association, concerned a dispute over a newly implemented house rule that dictated that rental status runs with the condominium unit and not with the owner. The…
Use Restrictions Must be Contained in a Condominium’s Declaration
A recently decided Washington Court of Appeals case, Kawawaki v. Academy Square Condominium Association, has emphasized that use restrictions must be contained in a condominium’s Declaration. In 2005, the Kawawakis purchased a condominium intending it to be a potential rental investment. However, at the time they purchased the unit they were aware of a use…
Author Archives: Valerie Farris Oman
Can a Board Member be Excluded From an Executive Session?
The Washington Court of Appeals upheld a ruling that a homeowners association director who is opposing the board on an issue and is likely to file a lawsuit against the association is not entitled to legal advice from the association’s attorney, nor is the adverse board member entitled to attend board meetings where the issue…
Association Required to Provide Names and Addresses of Delinquent Owners
The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decide a similar issue. The recent case of Frobish v. Cedar Lakes Village Condominium Association concerned…
Discrimination Against College Students Legal?
A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue. The 2015 case, The SPUR at Williams Brice Owners Association, Inc. v. Lalla, concerns a condominium property located…
Are Management Companies Debt Collectors?
A federal court in Indiana recently ruled that a management company is not a debt collector subject to the Federal Fair Debt Collection Practices Act (FDCPA or “the act”) if the owner is not delinquent when the management company is hired by the association. This court’s interpretation of the statute is persuasive, but not binding,…
Discrimination Against Children
Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ). In one case, an association’s management company, the association,…
Don’t Disregard the Formalities of Due Process
The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. A condo association in Connecticut alleged that an owner violated the condominium’s declaration by…
Master HOA Rental Restriction does NOT apply to Subassociation Condominium
In 2012, Alan and Erika White purchased a condominium in a subassociation of the Lakeland master community (Lakeland) in Auburn, WA. The master community is a mix of single family homes and condominium subassociations. The Lakeland declaration contains a provision preventing the rental of a “Single-Family Home” within the first year of purchase. The condominium…
Receivership – Brief Overview
When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.364(10)). As a practical matter, once appointed, the receiver rekeys the unit (assuming it is…
Two-Prong Test for the Reasonableness of House Rules
A recent Division II Court of Appeals case has set out a two-prong test for determining whether a house rule is reasonable. The case, Kawawaki v. Academy Square Condominium Association, concerned a dispute over a newly implemented house rule that dictated that rental status runs with the condominium unit and not with the owner. The…
Use Restrictions Must be Contained in a Condominium’s Declaration
A recently decided Washington Court of Appeals case, Kawawaki v. Academy Square Condominium Association, has emphasized that use restrictions must be contained in a condominium’s Declaration. In 2005, the Kawawakis purchased a condominium intending it to be a potential rental investment. However, at the time they purchased the unit they were aware of a use…