Our clients often ask us if it is permissible for boards to vote on association business via e-mail. We have even heard of association boards that do not meet in person at all, but conduct all business via e-mail. Although doing business this way may seem harmless, it may actually be a breach of a…
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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…
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We have one more 2010 webinar scheduled at 10am on December 8, 2010. We have also scheduled webinars at 10am on January 5, 2011, February 9, 2011 and March 9, 2011. You can sign up for them by clicking on the links below. You can also view all previously recorded webinars here. Remember, all webinars…
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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…
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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…
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We’ve received a number of calls recently about FHA recertification for condominiums. This is due in large part to the December 7, 2010 deadline for recertification of many of the condominiums in Washington. Certification for all condominiums approved prior to October 1, 2008 will expire on December 7, 2010. If your condominium received FHA approval…
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The “Red Flags” Rule is a regulation which will go into effect December 31, 2010 and which will apply to all “financial institutions” and “creditors” with “covered accounts.” “Creditors” are defined as: any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or…
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To protect against the harm which can be caused by lead-based paint, new regulations from the Environmental Protection Agency (EPA) affecting apartments and condominiums took effect April 22, 2010. These regulations may apply to repair and maintenance projects at your condominium. The Renovation, Repair, and Painting Rule applies to renovation, repair, or painting activities in…
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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…
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