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…
Waltz v. Tanager Estates HOA and Individual Board Member Liability
The Washington State Court of Appeals, Division III recently published an opinion concerning the standard of care that is required of the board of directors in a nonprofit homeowners association. We summarize that case, Waltz v. Tanager Estates Homeowner’s Association, 332 P.3d 1133 (filed August 19, 2014), here, as it may be helpful to members…
What Happens When a Company Dissolves?
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70322-6-1 (Division One, August 14, 2014), a general contractor built a single-family residence, which the Zackses purchased 4 years…
Are Co-ops Subject to Landlord Tenant Law?
Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1] As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords. This position is based on both statute and case law….
What Laws Govern Cooperative Housing Developments?
There are multiple entities that can form a cooperative housing development, and thus the laws governing a particular cooperative housing development depend on the cooperative’s specific structure. Under Washington law, a corporation or association may only use the term “cooperative” as part of a corporate or business name if it meets certain requirements.[1] Three of…
Association Records – Whether & How Long to Keep Them
Under Washington law, COAs and HOAs are required to keep various kinds of records. We have visited the issue of what to include within Association records in the past (see our blog post here). However, Associations might want more specific guidance when it comes to how long the various types of records must be kept….
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer[1]. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions….
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
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…
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…
Waltz v. Tanager Estates HOA and Individual Board Member Liability
The Washington State Court of Appeals, Division III recently published an opinion concerning the standard of care that is required of the board of directors in a nonprofit homeowners association. We summarize that case, Waltz v. Tanager Estates Homeowner’s Association, 332 P.3d 1133 (filed August 19, 2014), here, as it may be helpful to members…
What Happens When a Company Dissolves?
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70322-6-1 (Division One, August 14, 2014), a general contractor built a single-family residence, which the Zackses purchased 4 years…
Are Co-ops Subject to Landlord Tenant Law?
Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1] As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords. This position is based on both statute and case law….
What Laws Govern Cooperative Housing Developments?
There are multiple entities that can form a cooperative housing development, and thus the laws governing a particular cooperative housing development depend on the cooperative’s specific structure. Under Washington law, a corporation or association may only use the term “cooperative” as part of a corporate or business name if it meets certain requirements.[1] Three of…
Association Records – Whether & How Long to Keep Them
Under Washington law, COAs and HOAs are required to keep various kinds of records. We have visited the issue of what to include within Association records in the past (see our blog post here). However, Associations might want more specific guidance when it comes to how long the various types of records must be kept….
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer[1]. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions….
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
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…
