Category Archives: Condominium Laws

Procedure Matters

One piece of advice we often give our community association boards is that the procedure used by an association to take any given action is often more susceptible to challenge than the action itself. In other words, how you do things is often easier to attack – successfully – than the actual action taken by…

“Rent-Free” Living During Redemption Period

The Washington State Court of Appeals recently held that the owner of a condominium unit could not be forced to move out or pay rent during the redemption period after a judicial foreclosure by the Association. Viewcrest Condo. Ass’n v. Robertson, No. 74115-2-I, 2016 WL 7470025 (Wash. Ct. App. Dec. 27, 2016) In the case,…

Associations Not Required to Disclose Privileged Information

The Maryland Court of Special Appeals held that the Maryland Condominium Act did not require disclosure of information related to legal advice or attorney work product (privileged information) to owners. Although this case was decided in Maryland, and it is not binding in Washington, it could indicate how Washington courts would decide a similar issue…

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…

Master HOA Rental Restriction does NOT apply to Subassociation Condominium

In 2012, Alan and Erika White purchased a condominium in a subassociation of the Lakeland master community (Lakeland) in Auburn, WA. The master community is a mix of single family homes and condominium subassociations. The Lakeland declaration contains a provision preventing the rental of a “Single-Family Home” within the first year of purchase. The condominium…

Are Co-ops Subject to Landlord Tenant Law?

Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1]  As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords.  This position is based on both statute and case law….

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),…

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…

Carbon Monoxide Detectors

Condominium associations homeowners need to be aware of Washington’s carbon monoxide alarm law! Although the law was passed in 2009, it requires that all buildings classified as residential occupancies (which includes condominiums) be equipped with carbon monoxide detectors by January 1, 2013. See RCW 19.27.530 for the full text of the law. A carbon monoxide…

Category Archives: Condominium Laws

Procedure Matters

One piece of advice we often give our community association boards is that the procedure used by an association to take any given action is often more susceptible to challenge than the action itself. In other words, how you do things is often easier to attack – successfully – than the actual action taken by…

“Rent-Free” Living During Redemption Period

The Washington State Court of Appeals recently held that the owner of a condominium unit could not be forced to move out or pay rent during the redemption period after a judicial foreclosure by the Association. Viewcrest Condo. Ass’n v. Robertson, No. 74115-2-I, 2016 WL 7470025 (Wash. Ct. App. Dec. 27, 2016) In the case,…

Associations Not Required to Disclose Privileged Information

The Maryland Court of Special Appeals held that the Maryland Condominium Act did not require disclosure of information related to legal advice or attorney work product (privileged information) to owners. Although this case was decided in Maryland, and it is not binding in Washington, it could indicate how Washington courts would decide a similar issue…

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…

Master HOA Rental Restriction does NOT apply to Subassociation Condominium

In 2012, Alan and Erika White purchased a condominium in a subassociation of the Lakeland master community (Lakeland) in Auburn, WA. The master community is a mix of single family homes and condominium subassociations. The Lakeland declaration contains a provision preventing the rental of a “Single-Family Home” within the first year of purchase. The condominium…

Are Co-ops Subject to Landlord Tenant Law?

Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1]  As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords.  This position is based on both statute and case law….

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),…

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…

Carbon Monoxide Detectors

Condominium associations homeowners need to be aware of Washington’s carbon monoxide alarm law! Although the law was passed in 2009, it requires that all buildings classified as residential occupancies (which includes condominiums) be equipped with carbon monoxide detectors by January 1, 2013. See RCW 19.27.530 for the full text of the law. A carbon monoxide…