Associations generally have the right to regulate their communities. In Washington, this probably includes the right to ban registered sex offenders and other persons with criminal history from living in the community. However, an association’s right to evict existing occupants based on their status as a sex offender is less clear. In addition, associations considering…
Category Archives: Governing Documents
Costs to Maintain Limited Common Elements Assessed to All Owners
A Washington Appeals court ruled that condos subject to the Horizontal Property Regimes Act (the “Old” condo Act; RCW 64.32) must assess repairs for limited common areas as common expenses against all owners based on their percentage ownership interest. The Act makes no exceptions to that rule. An association had assessed individual owners for repairs…
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…
Court Defers to Association’s Interpretation of its Bylaws
The Washington Court of Appeals recently held that an association’s board of directors was validly constituted and properly passed bylaw amendments, so the board (and the management company as the board’s agent) had the authority to charge and collect fines and fees. Parker Estates Homeowners Ass’n v. Pattison, No. 47402-6-II, 2016 WL 7468226, at *1…
Is Short-Term Leasing a “Commercial Use”?
In Houston v. Wilson Mesa Ranch Homeowners Association, Inc., the Colorado Court of Appeals held that short-term rentals did not violate a covenant prohibiting commercial use of a unit. However, this ruling did not indicate that all restrictions on short-term rentals are unenforceable. Although this case was decided in Colorado, and it is not binding…
Washington State Supreme Court Resurrects Rental Restrictions for Many Condo Associations
On April 28, 2016, the Washington State Supreme Court issued an order in a case called Bilanko v. Barclay Court which, in effect, reverses its decision in Filmore v. Centre Pointe from 2015 – but only for associations that adopted their rental caps more than a year prior to them being challenged by any owner. RCW 64.34.264(2)…
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,…
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…
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….
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…
Category Archives: Governing Documents
Sex Offenders and Criminals: Can They Be Banned by a Community?
Associations generally have the right to regulate their communities. In Washington, this probably includes the right to ban registered sex offenders and other persons with criminal history from living in the community. However, an association’s right to evict existing occupants based on their status as a sex offender is less clear. In addition, associations considering…
Costs to Maintain Limited Common Elements Assessed to All Owners
A Washington Appeals court ruled that condos subject to the Horizontal Property Regimes Act (the “Old” condo Act; RCW 64.32) must assess repairs for limited common areas as common expenses against all owners based on their percentage ownership interest. The Act makes no exceptions to that rule. An association had assessed individual owners for repairs…
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…
Court Defers to Association’s Interpretation of its Bylaws
The Washington Court of Appeals recently held that an association’s board of directors was validly constituted and properly passed bylaw amendments, so the board (and the management company as the board’s agent) had the authority to charge and collect fines and fees. Parker Estates Homeowners Ass’n v. Pattison, No. 47402-6-II, 2016 WL 7468226, at *1…
Is Short-Term Leasing a “Commercial Use”?
In Houston v. Wilson Mesa Ranch Homeowners Association, Inc., the Colorado Court of Appeals held that short-term rentals did not violate a covenant prohibiting commercial use of a unit. However, this ruling did not indicate that all restrictions on short-term rentals are unenforceable. Although this case was decided in Colorado, and it is not binding…
Washington State Supreme Court Resurrects Rental Restrictions for Many Condo Associations
On April 28, 2016, the Washington State Supreme Court issued an order in a case called Bilanko v. Barclay Court which, in effect, reverses its decision in Filmore v. Centre Pointe from 2015 – but only for associations that adopted their rental caps more than a year prior to them being challenged by any owner. RCW 64.34.264(2)…
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,…
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…
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….
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…
