So you get a notice that an owner has filed for Chapter 13 bankruptcy. What to do? If you said, “close the file and write off the balance,” not so fast! Here are 5 things that every manager and board should keep in mind. Deadlines Pass by Quickly. Bankruptcy court is efficient and fast, at…
Category Archives: Condominium Laws
Chapter 7 Bankruptcy Basics
Many condo and homeowner associations are experiencing an unprecedented rate of bankruptcy filings by owners. Some are current on their dues when they file, some are not. Many file to try and discharge condo or homeowner dues. Both homeowners and associations alike benefit, however, from knowing some bankruptcy basics, so consider this your “bankruptcy boot…
Change in Resale Certificate Law
Whenever a condominium unit is sold in Washington State, a resale certificate must be prepared disclosing a long list of information which you will find in RCW 64.34.425. The required facts include (but are not limited to) information regarding the amount of the monthly assessments, any upcoming special assessments, the association’s annual financial statement, and…
New Definition of “Service Animal”
On March 15, 2011, a new definition of the term “service animal” went into effect, after United States Attorney General Eric Holder signed regulations revising the ADA regulations on this and other issues. The new definition states: “Service animal means any dog that is individually trained to do work or perform tasks for the benefit…
Reserve Contributions
What is a “fully funded reserve contribution”? Most condo boards, managers, and reserve study professionals do not understand that the “fully funded balance” is not directly related to the “contribution rate”, and that the “contribution rate” calculation required by the Washington condominium act has nothing to do with being fully funded. Just as a company’s balance…
Building Envelope Inspections Gone Bad
In the past month I have been handed 5 different “engineering inspection reports” by construction consultants who have found problems or defects with construction on condominium buildings. Every one has failed to evaluate the building in terms of any damage resulting from the as-built construction, and have left the condo association with a report saying…
Update on Carbon Monoxide Sensors
Since my posting last October regarding Carbon Monoxide sensors, the code revisor’s offices and the state have been busy making changes. There is a lot of confusion regarding the imposition of the new requirement, and different players putting their hands on the regulations. Originally it seems the legislation adopted a requirement, separate from the building…
FHA Recertification Deadlines
We received an email this week from CAI regarding a change in the FHA recertification process for condominiums. As many of you may know, all FHA approvals granted prior to October, 2008 were scheduled to expire on December 7, 2010. FHA has decided to extend the deadlines to allow more condominiums to take advantage of…
Smoking in Condominiums
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…
What’s in a Name?
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…
Category Archives: Condominium Laws
Chapter 13 Bankruptcy: 5 Things You Need to Know
So you get a notice that an owner has filed for Chapter 13 bankruptcy. What to do? If you said, “close the file and write off the balance,” not so fast! Here are 5 things that every manager and board should keep in mind. Deadlines Pass by Quickly. Bankruptcy court is efficient and fast, at…
Chapter 7 Bankruptcy Basics
Many condo and homeowner associations are experiencing an unprecedented rate of bankruptcy filings by owners. Some are current on their dues when they file, some are not. Many file to try and discharge condo or homeowner dues. Both homeowners and associations alike benefit, however, from knowing some bankruptcy basics, so consider this your “bankruptcy boot…
Change in Resale Certificate Law
Whenever a condominium unit is sold in Washington State, a resale certificate must be prepared disclosing a long list of information which you will find in RCW 64.34.425. The required facts include (but are not limited to) information regarding the amount of the monthly assessments, any upcoming special assessments, the association’s annual financial statement, and…
New Definition of “Service Animal”
On March 15, 2011, a new definition of the term “service animal” went into effect, after United States Attorney General Eric Holder signed regulations revising the ADA regulations on this and other issues. The new definition states: “Service animal means any dog that is individually trained to do work or perform tasks for the benefit…
Reserve Contributions
What is a “fully funded reserve contribution”? Most condo boards, managers, and reserve study professionals do not understand that the “fully funded balance” is not directly related to the “contribution rate”, and that the “contribution rate” calculation required by the Washington condominium act has nothing to do with being fully funded. Just as a company’s balance…
Building Envelope Inspections Gone Bad
In the past month I have been handed 5 different “engineering inspection reports” by construction consultants who have found problems or defects with construction on condominium buildings. Every one has failed to evaluate the building in terms of any damage resulting from the as-built construction, and have left the condo association with a report saying…
Update on Carbon Monoxide Sensors
Since my posting last October regarding Carbon Monoxide sensors, the code revisor’s offices and the state have been busy making changes. There is a lot of confusion regarding the imposition of the new requirement, and different players putting their hands on the regulations. Originally it seems the legislation adopted a requirement, separate from the building…
FHA Recertification Deadlines
We received an email this week from CAI regarding a change in the FHA recertification process for condominiums. As many of you may know, all FHA approvals granted prior to October, 2008 were scheduled to expire on December 7, 2010. FHA has decided to extend the deadlines to allow more condominiums to take advantage of…
Smoking in Condominiums
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…
What’s in a Name?
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…
