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, limite… Read More

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… Read More

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 tob… Read More

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 rig… Read More

An Association may ban or restrict animals, if the restriction is: A) reasonable; B) enforced uniformly; and C) included in the governing documents. However, there are some exceptions: Service animals An Association may not ban service animals. A ser… Read More

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 in… Read More

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… Read More

The Appeals Court of Illinois recently held that an association’s board of directors does not have authority to bring a lawsuit on behalf of the association if it is not formed properly according to the condominium’s governing documents and the l… Read More