When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can…
Electing Your Board Without a Quorum
Most Associations are required, both by law and by their governing documents, to hold an annual meeting at which they elect board members. See RCW 64.34.332 (applicable to New Act condos); RCW 64.38.035 (applicable to HOAs). A quorum, or minimum number of members, is required for an election (or any other official association action) at…
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1) “Companies” are not licensed…
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…
Community Associations & the Housing for Older Persons Act (HOPA)
Some communities provide housing for persons of a certain age (usually 55) or older, and may also exclude persons under the age of 18. This type of community is governed by the Housing for Older Persons Act (HOPA), part of the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the rental and sale…
Reasonable Accommodations Under Disability Law
A recent case out of Florida highlights the tension between federal disability laws and their practical application for community associations. The case, Bhogaita v. Altamonte Heights Condominium Association, Inc., arose out of a military veteran’s need for an emotional support animal due to a diagnosis of post-traumatic stress disorder. The association’s governing documents prohibits animals…
Who Should Association “Employees” Work For?
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by the association: If the association changes management companies, the staff stays with the association rather…
Tenants in Foreclosed Properties
Many clients and associations in general (both condos and HOAs) are in possession of properties that do not have “clear title.” This puts the association in the position of wanting to rent out the property until the lender forecloses. One question we hear often is what protections, if any, exist for a tenant who signs…
Fixing Improper Board Decisions
It’s important to make sure your association’s board of directors makes decisions following proper procedure. But what do you do if your board doesn’t? There are several ways to validate board decisions after the fact. The way to fix an improper board action depends on what kind of mistake was made. Here are some possibilities….
Restricting access to common area roads: a “high risk” activity for Washington HOAs
When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can…
Electing Your Board Without a Quorum
Most Associations are required, both by law and by their governing documents, to hold an annual meeting at which they elect board members. See RCW 64.34.332 (applicable to New Act condos); RCW 64.38.035 (applicable to HOAs). A quorum, or minimum number of members, is required for an election (or any other official association action) at…
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1) “Companies” are not licensed…
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…
Community Associations & the Housing for Older Persons Act (HOPA)
Some communities provide housing for persons of a certain age (usually 55) or older, and may also exclude persons under the age of 18. This type of community is governed by the Housing for Older Persons Act (HOPA), part of the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the rental and sale…
Reasonable Accommodations Under Disability Law
A recent case out of Florida highlights the tension between federal disability laws and their practical application for community associations. The case, Bhogaita v. Altamonte Heights Condominium Association, Inc., arose out of a military veteran’s need for an emotional support animal due to a diagnosis of post-traumatic stress disorder. The association’s governing documents prohibits animals…
Who Should Association “Employees” Work For?
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by the association: If the association changes management companies, the staff stays with the association rather…
Tenants in Foreclosed Properties
Many clients and associations in general (both condos and HOAs) are in possession of properties that do not have “clear title.” This puts the association in the position of wanting to rent out the property until the lender forecloses. One question we hear often is what protections, if any, exist for a tenant who signs…
Fixing Improper Board Decisions
It’s important to make sure your association’s board of directors makes decisions following proper procedure. But what do you do if your board doesn’t? There are several ways to validate board decisions after the fact. The way to fix an improper board action depends on what kind of mistake was made. Here are some possibilities….
