Welcome to the Condominium Law Group Blog!
Welcome to the newly minted Condominium Law Group, PLLC blog. We are the newest condo law blog in Washington State, and we are excited to provide our readers with valuable information in the field of community association law. Wait, community association law? What’s that? We think our first post is a great place to start walking you through the two main types of community associations and the laws that govern them in Washington State.
Condominium Law
There are two main statutes in Washington State that govern condominiums. All condominiums formed before July 1, 1990 were formed under the Horizontal Property Regimes Act, which is codified in the Revised Code of Washington (RCW) at Chapter 64.32. Otherwise known as the “Old Act,” this statute was the first condominium statute in Washington State.
What about condos formed after July 1, 1990? A new statute was adopted into law, and that statute is called the Condominium Act. The Condo Act, or “New Act,” is codified at RCW 64.34, and was modeled after the Uniform Condominium Act, which is a model statute adopted by about 17 states – with or without revisions by each state.
Be careful, though – many provisions of the New Act automatically apply to Old Act condos. Here’s how that works: with respect to events that take place after July 1, 1990, and only to the extent that they don’t invalidate or supersede existing, inconsistent provisions in the Declaration (see our recent post on Governing Documents), some portion of the New Act also apply to Old Act condos.
It may seem confusing, and it is. If you are a homeowner or board member at a condominium association, the best thing to do is to work with an attorney that is experienced in condominium law. It’s not enough to work with a real estate attorney, even if they are excellent at what they do. Condominium law is a highly specialized area of the law, and your association will be better served by a lawyer with experience in this field.
Homeowners’ Association Law
What if you live in a homeowners’ association (HOA) instead of a condominium? HOAs are an entirely different “beast.” They are governed by the very short Homeowners’ Associations Act, which is codified at RCW 64.38. Unfortunately, the HOA Act doesn’t really say very much about many of the issues that can come up in running an HOA. Fortunately, associations aren’t governed only by the laws they’re created under; they are also subject to their own governing documents, including the CC&Rs.
Other Community Types and Applicable Laws
There are other types of community associations that are not governed by the Old Act, the New Act, or the HOA Act. For example, co-ops have been around far longer than condominiums, and are generally governed by corporations law. In Washington, the applicable statute is the Non-Profit Corporations Act (RCW 24.03). This statue and other corporations statutes can also apply to condos and HOAs in some situations.
In addition, there are other federal and state laws that can apply to all community association types. The Fair Debt Collection Practices Act (FDCPA) governs what actions third-party debt collectors (such as your association attorney) can and cannot take when attempting to collect unpaid association dues from homeowners. The Fair Housing Act and federal regulations about satellite dishes are other examples.
Conclusion
As you can guess, there are many federal and state laws that may apply to specific issues facing your community association, and sometimes figuring out which ones are relevant is difficult. We’re glad you’ve found us and hope that this article, along with the other information on our blog, provides you with useful and valuable information. If you have any questions we can answer, please feel free to leave a comment or contact us directly. We look forward to continuing this conversation with you in our future posts!
Am sharing your blog with others. Thank you.
Our condo has had 3 injuries. One resident tripped on a crack in her front sidewalk and broke a hip. A second owner slipped on the front sidewalk on the green slime…and broke her hip. What is the best way to keep sidewalks maintained in our climate? Fortunately, there was no legal action. Also, a bonded painter fell off a roof and was not hurt. Could we have been held responsible? How do I research the condo responsibility and how would that be affected if the acting board was not legally voted in during each occurance? Any comments appreciated. Thanks
Hi, Cynthia,
Glad you are reading! You are asking fairly complex questions that depend on a variety of factors in order to be answered. I would encourage your association to consult with an association attorney that is experienced enough to handle these questions. Are you located in Washington State? If so, please feel free to give us a call. We do not recommend that homeowners or board members research issues of liability on their own without legal experience specific to community association law. Because the field is very specialized, making the right decisions requires legal counsel from an attorney with the “right” experience.
Best wishes to you!
Valerie Farris Oman recently posted..FHA Recertification Deadlines
The Supreme Court ruling on the minimum number of units in a condominium complex that should be delegated as rental units was 10%. I have been told that the WSCA has a different ruling for condominium associations with less than 50 units. I have been unable to find anything under WSCA regarding this.
Can you help solve this problem as we are amending our Declarations at this time.
Thank You
Recently our homeowners association made an addition of a fence that blocked our ability to access and move the trash cans that are kept in the backyard. We were never notified about the proposed fence, or we would have certainly voiced our concern that the new fence would limit our normal garbage access. They left a small gap, large enough for a person, but several inches smaller than the size of the garbage and recycling cans in use in our community. Aren’t they required to notify owners before modifications are made that affect the owner? Are there a list of regulations and requirements gift all homeowners association that I can refer to?
Matt, the first thing you should try is to ask your board if they are willing to move the fence just enough to get your trash cans through the opening. It may be that you have already done this.
Your association is probably not required not notify homeowners of modifications to the fence. As to the requirements the board must follow, those are found in your CC&Rs.
under the old act, can the board (house rules) limit as to what can be left on a (limited common area) deck that is on the ground floor?
I do not fully understand, I bought my condo 7 years ago because of the way it looked on the outside, it was wood nope it is vial siding they said wood was rotten and would cost 500,000.00 to repair so they took 500,000.00 and covered it up, I voted no and most of the people I talked to said they said no, we do not get a sheet showing who voted what way but we get a sheet showing who owes what, no privacy there, they removed trees and replaced with a bush, I did find out I don’t own the grounds they can do what they want but know, I bought the place and it said no water bill just sewer now they want to make us pay them the water bill but they my owe back bill and said we would have to pay extra 25 a quater for 4 quarters I fell we pay them each month so how can there be a back bill,? They sent a sheet and said to insert in by laws but that should be filed with the county and retted correct? I tried the better business burea but they don’t want to get involved, should I hire an attorney?
Philip, provided the Declaration for your condo is silent on the issue of deck rules, the board can adopt reasonable rules to govern owner conduct in common and limited common areas.
Judy, it sounds like you should at least consult with a lawyer who can take the time to understand your specific situation and answer the questions you have about your condo association. I wish you all the best.
I live in a Condo that is under the Horizontal Property Regimes Act. Is there a Condominium Association Law(RCW)for us like there is a Homeowners Association LAW(RCW)? As you know, under the old Condo laws, there is little for us to go on. If an owner has had an unlisted phone number- not listed in the condo phone directory that is given to ALL residents, which was given out at the last annual meeting, is that a violation of my rights? My phone number is listed as non-published in the phone book. What can I do about this. Thank you.
Hello Jude,
The RCW for “old act” condos like yours is RCW 64.32. It is actually quite robust, and your governing documents may cover much of what the statute is silent on. As to whether your rights have been violated, that is a very fact-specific question that would require me to (a) know a lot more and (b) establish an attorney-client relationship with you before I can answer. If you would like to consult a community association attorney on this issue, feel free to call us or one of the attorneys on this list.
I reside in Epic Condominiums in Seattle and was recently the victim of major theft. There are police incident #s and I have inquired from Property Management Kappes Miller for the video footage.Oct 12th I requested the footage as SPD said I should and as of today October 17th no reply. I am the only individual with keys. Broadway locksmith changed last time, previously when there was a police report for theft the EPIC management refused to turn over because “footage is private” ? What? Someone has a key to my unit as in all thefts, all doors were locked when I came back and entered. Do Condominiums have a right to refuse security footage when over a thousand dollars of items have been stolen?
Hi Janice. I’m sorry to hear about the theft in your unit. I can’t advise you on this question without knowing a lot more and without you being my client. But one practical suggestion I have is to ask SPD to request the footage from your Association. I hope you are able to get the information you need.
I recently purchased a condominium. I did not receive the resale certificate prior to closing. If I had received it, no way in heck would I have purchased the place. I did not now what a resale certificate was prior o this. The listing agent was from Kerwin Williams in University Place, WA as was the selling agent.
Jon, I’m sorry to hear about your experience. It might be worth your while to consult with an attorney and to contact your title insurance company about any recourse you might have.
I live in a small condominium community where we have rental units. We have 32 units and 6 are rentals. How can we do a rental cap? We had one at one time but had to remove it due to some supreme court ruling saying we couldn’t have one?? What we fear is that more folks are selling to investors who want to rent. If we reach a certain threshold, buyers may not be able to get a mortgage if they buy here since mortgage companies are getting more strict with Condo committees having a high rental units.
Hello Janice,
First, you should have your prior rental cap reviewed by your Association attorney. There was a supreme court decision a few years ago that invalidated some rental caps. However, case law that has come out since then has clarified that some condominium associations’ rental caps were, in fact, valid notwithstanding that earlier decision.
If your rental cap is invalid, the way to adopt one varies depending on what your governing documents say and when your condominium association was formed. If your association does not have legal counsel, we would be happy to work with your board of directors to determine the validity of your existing rental cap and how best to move forward in making any necessary changes.
Keep in mind that the new WUCIOA statute went into effect on July 1, 2018. Amending your documents to “adopt the act” might be advantageous to your association at this time, and could make amending your documents easier.
All of this you’d need to discuss with your association attorney.
Good luck!
I am looking to buy into a COA that is old act. The board and seller are stating that the since they are old act they are not required to provide a resale cert that is stated in 64.34.425. Is this true? But based on the blog it states that a lot of the new act will apply to the old act? Would this be one of those instances where it is applied? Or are they exempt from providing this?
Rachel – All condo associations, regardless of when created, are required to furnish a resale certificate TO THE SELLER when requested. The seller is the one with the obligation to provide it to the buyer.
This is very interesting – thanks! Can you tell me what part/s of the new act apply to old act condos? Thanks!