The Washington State Court of Appeals, Division III recently published an opinion concerning the standard of care that is required of the board of directors in a nonprofit homeowners association. We summarize that case, Waltz v. Tanager Estates Homeowner’s Association, 332 P.3d 1133 (filed August 19, 2014), here, as it may be helpful to members…
Author Archives: admin
What Happens When a Company Dissolves?
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70322-6-1 (Division One, August 14, 2014), a general contractor built a single-family residence, which the Zackses purchased 4 years…
Association Records – Whether & How Long to Keep Them
Under Washington law, COAs and HOAs are required to keep various kinds of records. We have visited the issue of what to include within Association records in the past (see our blog post here). However, Associations might want more specific guidance when it comes to how long the various types of records must be kept….
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer[1]. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions….
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
Restricting access to common area roads: a “high risk” activity for Washington HOAs
When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can…
Electing Your Board Without a Quorum
Most Associations are required, both by law and by their governing documents, to hold an annual meeting at which they elect board members. See RCW 64.34.332 (applicable to New Act condos); RCW 64.38.035 (applicable to HOAs). A quorum, or minimum number of members, is required for an election (or any other official association action) at…
Community Associations & the Housing for Older Persons Act (HOPA)
Some communities provide housing for persons of a certain age (usually 55) or older, and may also exclude persons under the age of 18. This type of community is governed by the Housing for Older Persons Act (HOPA), part of the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the rental and sale…
Reasonable Accommodations Under Disability Law
A recent case out of Florida highlights the tension between federal disability laws and their practical application for community associations. The case, Bhogaita v. Altamonte Heights Condominium Association, Inc., arose out of a military veteran’s need for an emotional support animal due to a diagnosis of post-traumatic stress disorder. The association’s governing documents prohibits animals…
Who Should Association “Employees” Work For?
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by the association: If the association changes management companies, the staff stays with the association rather…
Author Archives: admin
Waltz v. Tanager Estates HOA and Individual Board Member Liability
The Washington State Court of Appeals, Division III recently published an opinion concerning the standard of care that is required of the board of directors in a nonprofit homeowners association. We summarize that case, Waltz v. Tanager Estates Homeowner’s Association, 332 P.3d 1133 (filed August 19, 2014), here, as it may be helpful to members…
What Happens When a Company Dissolves?
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70322-6-1 (Division One, August 14, 2014), a general contractor built a single-family residence, which the Zackses purchased 4 years…
Association Records – Whether & How Long to Keep Them
Under Washington law, COAs and HOAs are required to keep various kinds of records. We have visited the issue of what to include within Association records in the past (see our blog post here). However, Associations might want more specific guidance when it comes to how long the various types of records must be kept….
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer[1]. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions….
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
Restricting access to common area roads: a “high risk” activity for Washington HOAs
When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can…
Electing Your Board Without a Quorum
Most Associations are required, both by law and by their governing documents, to hold an annual meeting at which they elect board members. See RCW 64.34.332 (applicable to New Act condos); RCW 64.38.035 (applicable to HOAs). A quorum, or minimum number of members, is required for an election (or any other official association action) at…
Community Associations & the Housing for Older Persons Act (HOPA)
Some communities provide housing for persons of a certain age (usually 55) or older, and may also exclude persons under the age of 18. This type of community is governed by the Housing for Older Persons Act (HOPA), part of the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the rental and sale…
Reasonable Accommodations Under Disability Law
A recent case out of Florida highlights the tension between federal disability laws and their practical application for community associations. The case, Bhogaita v. Altamonte Heights Condominium Association, Inc., arose out of a military veteran’s need for an emotional support animal due to a diagnosis of post-traumatic stress disorder. The association’s governing documents prohibits animals…
Who Should Association “Employees” Work For?
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by the association: If the association changes management companies, the staff stays with the association rather…