The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Key Provisions: You cannot start a foreclosure if less than 3 months of regular dues or $200 (whichever is larger) is delinquent. You cannot count fines, late fees, interest, or attorney…
Category Archives: HOAs
Common Facilities and COVID-19
Many communities have questions about managing their common facilities in light of the COVID-19 virus. Associations need to balance the needs of the larger community against protecting the health and safety of their members. This memo contains general information, not legal advice. We cannot give legal advice without review of your governing documents and your…
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….
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 is WUCIOA, and Will it Affect my Association?
If your Homeowners Association was created before July 1, 2018, most of the Washington Uniform Common Interest Ownership Act (WUCIOA) won’t apply to you. The only change you’ll want to be aware of relates to how your community adopts its budget. The Washington Uniform Common Interest Ownership Act (WUCIOA) will govern new condominiums and other…
In Home Daycare Does Not Violate Ban on Commercial Activity
Recently, a court in Illinois ruled that two in-home daycare businesses did not create enough traffic to violate a use restriction prohibiting commercial activity in a subdivision. Although this case was decided by an Illinois court and is not binding on Washington courts, it demonstrates how a court in Washington might decide a similar issue….
Adopting a Budget
Many condominium and homeowners’ associations are preparing their annual budgets this time of year. Association members, as well as the association’s board of directors, need to be aware of the laws applicable to community association budgets. A budget is an estimate of the future financial needs of the association. A budget needs to provide for…
Category Archives: HOAs
New Foreclosure Requirements for Community Associations
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Key Provisions: You cannot start a foreclosure if less than 3 months of regular dues or $200 (whichever is larger) is delinquent. You cannot count fines, late fees, interest, or attorney…
Common Facilities and COVID-19
Many communities have questions about managing their common facilities in light of the COVID-19 virus. Associations need to balance the needs of the larger community against protecting the health and safety of their members. This memo contains general information, not legal advice. We cannot give legal advice without review of your governing documents and your…
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….
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 is WUCIOA, and Will it Affect my Association?
If your Homeowners Association was created before July 1, 2018, most of the Washington Uniform Common Interest Ownership Act (WUCIOA) won’t apply to you. The only change you’ll want to be aware of relates to how your community adopts its budget. The Washington Uniform Common Interest Ownership Act (WUCIOA) will govern new condominiums and other…
In Home Daycare Does Not Violate Ban on Commercial Activity
Recently, a court in Illinois ruled that two in-home daycare businesses did not create enough traffic to violate a use restriction prohibiting commercial activity in a subdivision. Although this case was decided by an Illinois court and is not binding on Washington courts, it demonstrates how a court in Washington might decide a similar issue….
Adopting a Budget
Many condominium and homeowners’ associations are preparing their annual budgets this time of year. Association members, as well as the association’s board of directors, need to be aware of the laws applicable to community association budgets. A budget is an estimate of the future financial needs of the association. A budget needs to provide for…
