We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget….
Tag Archive: CC&Rs
WUCIOA – What is it, and why should my community association care? Topic 3 – Restrictions on Use
WUCIOA makes restrictions on use easier to adopted, like rental caps and smoking bans (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that…
Who Pays for Limited Common Element Maintenance?
Today I was asked again about whether the waterproof coating on a limited common element deck was the unit owner’s responsibility or the condo association’s responsibility. The answer depends on your specific condominium declaration, and depends on several factors, most of which owners and managers are confused about. First is the boundary of the limited…
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…
Governing Documents
In the hierarchy of what laws and rules govern community associations, federal and state laws are the top dogs. However, every association, whether it’s a condo or an HOA, also has governing documents that supplement the laws about how its community is run. Following is a list of possible governing documents, in order of their…
Tag Archive: CC&Rs
Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA?
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special assessment. However, the argument should also prove to be successful for dues increases contained within the regular budget….
WUCIOA – What is it, and why should my community association care? Topic 3 – Restrictions on Use
WUCIOA makes restrictions on use easier to adopted, like rental caps and smoking bans (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that…
Who Pays for Limited Common Element Maintenance?
Today I was asked again about whether the waterproof coating on a limited common element deck was the unit owner’s responsibility or the condo association’s responsibility. The answer depends on your specific condominium declaration, and depends on several factors, most of which owners and managers are confused about. First is the boundary of the limited…
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…
Governing Documents
In the hierarchy of what laws and rules govern community associations, federal and state laws are the top dogs. However, every association, whether it’s a condo or an HOA, also has governing documents that supplement the laws about how its community is run. Following is a list of possible governing documents, in order of their…