Tag Archive: washington state

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…

Tenants in Foreclosed Properties

Many clients and associations in general (both condos and HOAs) are in possession of properties that do not have “clear title.”  This puts the association in the position of wanting to rent out the property until the lender forecloses.  One question we hear often is what protections, if any, exist for a tenant who signs…

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….

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…

What’s in Your Governing Documents?

Washington law contains numerous provisions containing restrictions and requirements on COAs and HOAs. In many cases, however, the law contains a minimum requirement only and defers to the more specific provisions of the governing documents.  For a primer on governing documents and their interplay with the law, please read our Governing Documents post.  The law…

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…

Board of Directors Resignation

Imagine this scenario: your association’s entire board of directors decides they are fed up with being board members, and all resign at the same time, leaving your association with no board at all. Or, imagine that, one by one, each board member resigned over time and was never replaced, so that when the last board…

Resale Certificates

A resale certificate is a document that a unit owner must provide to the purchaser before they can sell their condominium unit. Any unit owner who wishes to sell his or her unit needs to be aware of the resale certificate requirements. These requirements apply to all Washington condominiums. The resale certificate must contain certain…

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…

Tag Archive: washington state

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…

Tenants in Foreclosed Properties

Many clients and associations in general (both condos and HOAs) are in possession of properties that do not have “clear title.”  This puts the association in the position of wanting to rent out the property until the lender forecloses.  One question we hear often is what protections, if any, exist for a tenant who signs…

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….

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…

What’s in Your Governing Documents?

Washington law contains numerous provisions containing restrictions and requirements on COAs and HOAs. In many cases, however, the law contains a minimum requirement only and defers to the more specific provisions of the governing documents.  For a primer on governing documents and their interplay with the law, please read our Governing Documents post.  The law…

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…

Board of Directors Resignation

Imagine this scenario: your association’s entire board of directors decides they are fed up with being board members, and all resign at the same time, leaving your association with no board at all. Or, imagine that, one by one, each board member resigned over time and was never replaced, so that when the last board…

Resale Certificates

A resale certificate is a document that a unit owner must provide to the purchaser before they can sell their condominium unit. Any unit owner who wishes to sell his or her unit needs to be aware of the resale certificate requirements. These requirements apply to all Washington condominiums. The resale certificate must contain certain…

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…