Category Archives: Board Conduct

Invalid Board Does Not Have Authority to Bring Lawsuit on Association’s Behalf

The Appeals Court of Illinois recently held that an association’s board of directors does not have authority to bring a lawsuit on behalf of the association if it is not formed properly according to the condominium’s governing documents and the law. While this case is not binding in Washington, it may indicate how Washington courts…

Business Judgment Rules does not Apply to Unauthorized Acts

The South Carolina Supreme Court held that association board decisions must be evaluated individually to see if the business judgment rule applied, and the business judgment rule did not apply when the board acted beyond its authority. Although this case was decided in South Carolina, it could be an indication of how a Washington court…

Can a Board Member be Excluded From an Executive Session?

The Washington Court of Appeals upheld a ruling that a homeowners association director who is opposing the board on an issue and is likely to file a lawsuit against the association is not entitled to legal advice from the association’s attorney, nor is the adverse board member entitled to attend board meetings where the issue…

Member E-mail Addresses & Phone Numbers Subject to Disclosure?

A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court interpreting the Utah Act, it demonstrates how a court in Washington might decide a similar…

Discrimination Against Children

Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ). In one case, an association’s management company, the association,…

Don’t Disregard the Formalities of Due Process

The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. A condo association in Connecticut alleged that an owner violated the condominium’s declaration by…

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…

Allocating Risk When Hiring Professionals

We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1)      “Companies” are not licensed…

Fixing Improper Board Decisions

It’s important to make sure your association’s board of directors makes decisions following proper procedure. But what do you do if your board doesn’t?  There are several ways to validate board decisions after the fact. The way to fix an improper board action depends on what kind of mistake was made. Here are some possibilities….

When Board Members Go Rogue

Sometimes, board members don’t follow the rules. A board member might speak out of turn at meetings or dominate the floor; might take actions without consulting other board members or in direct conflict with a board decision; or might even hide or steal association records or funds. Sometimes a board member puts his or her…

Category Archives: Board Conduct

Invalid Board Does Not Have Authority to Bring Lawsuit on Association’s Behalf

The Appeals Court of Illinois recently held that an association’s board of directors does not have authority to bring a lawsuit on behalf of the association if it is not formed properly according to the condominium’s governing documents and the law. While this case is not binding in Washington, it may indicate how Washington courts…

Business Judgment Rules does not Apply to Unauthorized Acts

The South Carolina Supreme Court held that association board decisions must be evaluated individually to see if the business judgment rule applied, and the business judgment rule did not apply when the board acted beyond its authority. Although this case was decided in South Carolina, it could be an indication of how a Washington court…

Can a Board Member be Excluded From an Executive Session?

The Washington Court of Appeals upheld a ruling that a homeowners association director who is opposing the board on an issue and is likely to file a lawsuit against the association is not entitled to legal advice from the association’s attorney, nor is the adverse board member entitled to attend board meetings where the issue…

Member E-mail Addresses & Phone Numbers Subject to Disclosure?

A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court interpreting the Utah Act, it demonstrates how a court in Washington might decide a similar…

Discrimination Against Children

Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ). In one case, an association’s management company, the association,…

Don’t Disregard the Formalities of Due Process

The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. A condo association in Connecticut alleged that an owner violated the condominium’s declaration by…

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…

Allocating Risk When Hiring Professionals

We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1)      “Companies” are not licensed…

Fixing Improper Board Decisions

It’s important to make sure your association’s board of directors makes decisions following proper procedure. But what do you do if your board doesn’t?  There are several ways to validate board decisions after the fact. The way to fix an improper board action depends on what kind of mistake was made. Here are some possibilities….

When Board Members Go Rogue

Sometimes, board members don’t follow the rules. A board member might speak out of turn at meetings or dominate the floor; might take actions without consulting other board members or in direct conflict with a board decision; or might even hide or steal association records or funds. Sometimes a board member puts his or her…