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…
Category Archives: Condominium Laws
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….
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),…
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…
Carbon Monoxide Detectors
Condominium associations homeowners need to be aware of Washington’s carbon monoxide alarm law! Although the law was passed in 2009, it requires that all buildings classified as residential occupancies (which includes condominiums) be equipped with carbon monoxide detectors by January 1, 2013. See RCW 19.27.530 for the full text of the law. A carbon monoxide…
Resale Certificates
A resale certificate is a document that a unit owner must provide to the purchaser before they can sell their condominium unit. Any unit owner who wishes to sell his or her unit needs to be aware of the resale certificate requirements. These requirements apply to all Washington condominiums. The resale certificate must contain certain…
Adopting a Budget
Many condominium and homeowners’ associations are preparing their annual budgets this time of year. Association members, as well as the association’s board of directors, need to be aware of the laws applicable to community association budgets. A budget is an estimate of the future financial needs of the association. A budget needs to provide for…
Court Finds Tenant is Insured under Condo Association Policy
A condominium association is a named insured under an association’s property insurance policy, but the owner of each unit within the condo is also insured under the policy. A Washington court recently held that tenants of unit owners are also presumed insured under a condominium association’s property policy so long as the parties did not…
Reserve Study Law Changes
Effective January 1, 2012, changes in Washington’s reserve study laws will go into effect. These changes, among other things, affect the content of reserve studies, add reserve study reporting requirements to the budget summary associations must provide to owners, and extend reserve study requirements to HOAs with “significant assets.” Over the next few weeks, we…
Category Archives: Condominium Laws
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…
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….
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),…
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…
Carbon Monoxide Detectors
Condominium associations homeowners need to be aware of Washington’s carbon monoxide alarm law! Although the law was passed in 2009, it requires that all buildings classified as residential occupancies (which includes condominiums) be equipped with carbon monoxide detectors by January 1, 2013. See RCW 19.27.530 for the full text of the law. A carbon monoxide…
Resale Certificates
A resale certificate is a document that a unit owner must provide to the purchaser before they can sell their condominium unit. Any unit owner who wishes to sell his or her unit needs to be aware of the resale certificate requirements. These requirements apply to all Washington condominiums. The resale certificate must contain certain…
Adopting a Budget
Many condominium and homeowners’ associations are preparing their annual budgets this time of year. Association members, as well as the association’s board of directors, need to be aware of the laws applicable to community association budgets. A budget is an estimate of the future financial needs of the association. A budget needs to provide for…
Court Finds Tenant is Insured under Condo Association Policy
A condominium association is a named insured under an association’s property insurance policy, but the owner of each unit within the condo is also insured under the policy. A Washington court recently held that tenants of unit owners are also presumed insured under a condominium association’s property policy so long as the parties did not…
Reserve Study Law Changes
Effective January 1, 2012, changes in Washington’s reserve study laws will go into effect. These changes, among other things, affect the content of reserve studies, add reserve study reporting requirements to the budget summary associations must provide to owners, and extend reserve study requirements to HOAs with “significant assets.” Over the next few weeks, we…
