One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellings to “residential purposes,” but this undefined term has led to problems in its use…
Category Archives: tenants
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)…
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….
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…
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…
Category Archives: tenants
Short Term Rentals – Commercial Use?
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellings to “residential purposes,” but this undefined term has led to problems in its use…
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)…
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….
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…
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…
