Dear Board Member clients and Community Association Managers, Summer brings change to our communities and your business partners. We want to update you on changes happening at Condominium Law Group, PLLC. On July 5, 2016, Theresa Torgesen, Stephen Smith, and Rachel Burkemper left our employment to open their own practice. One of the stated reasons…
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)…
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…
Member E-mail Addresses & Phone Numbers Subject to Disclosure?
A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court interpreting the Utah Act, it demonstrates how a court in Washington might decide a similar…
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,…
Court Upholds Association Foreclosure for Unpaid Fines
A Connecticut court recently upheld a foreclosure action after an owner refused to pay fines assessed for her failure to construct a deck in accordance with board approved plans. Although this case was decided by a Connecticut court and is not binding in Washington, it demonstrates how a court in Washington might decide a similar…
In Home Daycare Does Not Violate Ban on Commercial Activity
Recently, a court in Illinois ruled that two in-home daycare businesses did not create enough traffic to violate a use restriction prohibiting commercial activity in a subdivision. Although this case was decided by an Illinois court and is not binding on Washington courts, it demonstrates how a court in Washington might decide a similar issue….
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,…
Changes at Condominium Law Group
Dear Board Member clients and Community Association Managers, Summer brings change to our communities and your business partners. We want to update you on changes happening at Condominium Law Group, PLLC. On July 5, 2016, Theresa Torgesen, Stephen Smith, and Rachel Burkemper left our employment to open their own practice. One of the stated reasons…
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)…
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…
Member E-mail Addresses & Phone Numbers Subject to Disclosure?
A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court interpreting the Utah Act, it demonstrates how a court in Washington might decide a similar…
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,…
Court Upholds Association Foreclosure for Unpaid Fines
A Connecticut court recently upheld a foreclosure action after an owner refused to pay fines assessed for her failure to construct a deck in accordance with board approved plans. Although this case was decided by a Connecticut court and is not binding in Washington, it demonstrates how a court in Washington might decide a similar…
In Home Daycare Does Not Violate Ban on Commercial Activity
Recently, a court in Illinois ruled that two in-home daycare businesses did not create enough traffic to violate a use restriction prohibiting commercial activity in a subdivision. Although this case was decided by an Illinois court and is not binding on Washington courts, it demonstrates how a court in Washington might decide a similar issue….
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,…
