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: governing documents
How does a Community Adopt WUCIOA?
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIOA. Second, the board must vote to amend the declaration to remove provisions which directly conflict with WUCIOA….
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…
What’s in Your Governing Documents?
Washington law contains numerous provisions containing restrictions and requirements on COAs and HOAs. In many cases, however, the law contains a minimum requirement only and defers to the more specific provisions of the governing documents. For a primer on governing documents and their interplay with the law, please read our Governing Documents post. The law…
Annual Audits
Can condominiums with fewer than 50 units vote to avoid having an annual audit? Only if their Declaration does not require an audit. The statute that requires both New and Old Act condominiums to conduct an annual audit provides that with a vote of 60% of the owners, the association can avoid that audit. The…
Enforcing Your Governing Documents
On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation supporting the decision making process of the board. And when unit owners don’t…
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…
Renovation Projects and Your Governing Documents
So you’re Association faced with doing a renovation project – where do you start? The first place the Association should start with is the Declaration – the association attorney can help ensure that the Board is complying with the Declaration’s requirements. 1. Following procedures: the Association attorney can help ensure that the Board follows proper…
Resale Certificates – What to Disclose
Sometimes our clients ask us: what are the legal requirements for language used in resale certificates regarding damages where repairs are needed? Our basic recommendation is that it is always better to disclose something and have a sale fall through than to risk a lawsuit against the property manager and/or the association for failure to…
Notice & Opportunity to be Heard
Over the past several weeks, we have dealt with many questions about the proper procedure to follow when issuing fines against owners who do not comply with association rules. One important requirement that many associations do not know about or understand is the obligation to give owners notice and an opportunity to be heard before…
Tag Archive: governing documents
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….
How does a Community Adopt WUCIOA?
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIOA. Second, the board must vote to amend the declaration to remove provisions which directly conflict with WUCIOA….
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…
What’s in Your Governing Documents?
Washington law contains numerous provisions containing restrictions and requirements on COAs and HOAs. In many cases, however, the law contains a minimum requirement only and defers to the more specific provisions of the governing documents. For a primer on governing documents and their interplay with the law, please read our Governing Documents post. The law…
Annual Audits
Can condominiums with fewer than 50 units vote to avoid having an annual audit? Only if their Declaration does not require an audit. The statute that requires both New and Old Act condominiums to conduct an annual audit provides that with a vote of 60% of the owners, the association can avoid that audit. The…
Enforcing Your Governing Documents
On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation supporting the decision making process of the board. And when unit owners don’t…
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…
Renovation Projects and Your Governing Documents
So you’re Association faced with doing a renovation project – where do you start? The first place the Association should start with is the Declaration – the association attorney can help ensure that the Board is complying with the Declaration’s requirements. 1. Following procedures: the Association attorney can help ensure that the Board follows proper…
Resale Certificates – What to Disclose
Sometimes our clients ask us: what are the legal requirements for language used in resale certificates regarding damages where repairs are needed? Our basic recommendation is that it is always better to disclose something and have a sale fall through than to risk a lawsuit against the property manager and/or the association for failure to…
Notice & Opportunity to be Heard
Over the past several weeks, we have dealt with many questions about the proper procedure to follow when issuing fines against owners who do not comply with association rules. One important requirement that many associations do not know about or understand is the obligation to give owners notice and an opportunity to be heard before…