Many communities have questions about whether and how to conduct annual meetings in light of the COVID-19 virus. Especially given the ban on gatherings and closures of schools. Communities need to balance the need to conduct Association business against protecting the health and safety of their members. Before discussing some options, remember that the general…
Category Archives: 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….
Short Term Rentals – Commercial Use?
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellings to “residential purposes,” but this undefined term has led to problems in its use…
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 Percentage of Owners Must Approve a Rental Restriction in a Condominium?
For New Act condo associations (those created July 1, 1990 or later), state law requires that 90% of owners (and every affected owner) vote in in favor of a declaration amendment in order to pass a “restriction on use.” For Old Act condo associations, state law only requires that 60% of owners consent to any…
What are Limited Common Elements? Part Two
Limited common elements: spaces or things? “Limited common elements” can be spaces or things. Parking spots are an example of “spaces” that are frequently defined as “limited common elements” in an association’s Governing Documents. Parking spaces are essentially blocks of air surrounded by common elements and lines drawn on pavement. In most cases, the boundary…
What are Limited Common Elements? Part One
Under the New Act (RCW 64.34 et seq., Washington’s Condominium Act) and Old Act (RCW 64.32 et seq., the Horizontal Property Regimes Act), limited common elements or areas are defined as a subset of common elements or areas. Specifically, limited common elements are the portion of common elements (owned by everyone) that are designated in…
Smoking: Can an Association Ban Smoking? Part Two
Methods of enacting a no-smoking rule There are three ways we have seen clients enact (or attempt to enact) a no-smoking rule: 1) Amendment to Declaration/CC&Rs: This method is likely the most difficult and costly way to enact a smoking ban, but it will be given the most deference by courts and be relatively strong…
Smoking: Can an Association Ban Smoking? Part One
An association may enact a rule banning smoking in common areas, and can probably ban it in individual units/homes as well. However, an association must consider several potential risks and benefits before enacting such a rule. We generally treat tobacco, marijuana, and vaping any substance the same way in adopting and enforcing community association rules….
Category Archives: Governing Documents
Annual Meetings and COVID-19
Many communities have questions about whether and how to conduct annual meetings in light of the COVID-19 virus. Especially given the ban on gatherings and closures of schools. Communities need to balance the need to conduct Association business against protecting the health and safety of their members. Before discussing some options, remember that the general…
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….
Short Term Rentals – Commercial Use?
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellings to “residential purposes,” but this undefined term has led to problems in its use…
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 Percentage of Owners Must Approve a Rental Restriction in a Condominium?
For New Act condo associations (those created July 1, 1990 or later), state law requires that 90% of owners (and every affected owner) vote in in favor of a declaration amendment in order to pass a “restriction on use.” For Old Act condo associations, state law only requires that 60% of owners consent to any…
What are Limited Common Elements? Part Two
Limited common elements: spaces or things? “Limited common elements” can be spaces or things. Parking spots are an example of “spaces” that are frequently defined as “limited common elements” in an association’s Governing Documents. Parking spaces are essentially blocks of air surrounded by common elements and lines drawn on pavement. In most cases, the boundary…
What are Limited Common Elements? Part One
Under the New Act (RCW 64.34 et seq., Washington’s Condominium Act) and Old Act (RCW 64.32 et seq., the Horizontal Property Regimes Act), limited common elements or areas are defined as a subset of common elements or areas. Specifically, limited common elements are the portion of common elements (owned by everyone) that are designated in…
Smoking: Can an Association Ban Smoking? Part Two
Methods of enacting a no-smoking rule There are three ways we have seen clients enact (or attempt to enact) a no-smoking rule: 1) Amendment to Declaration/CC&Rs: This method is likely the most difficult and costly way to enact a smoking ban, but it will be given the most deference by courts and be relatively strong…
Smoking: Can an Association Ban Smoking? Part One
An association may enact a rule banning smoking in common areas, and can probably ban it in individual units/homes as well. However, an association must consider several potential risks and benefits before enacting such a rule. We generally treat tobacco, marijuana, and vaping any substance the same way in adopting and enforcing community association rules….
