Association Required to Provide Names and Addresses of Delinquent Owners

April 22nd, 2016
Posted By
Valerie Farris Oman
The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decid… Read More
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Categories: Collections, Records

Discrimination Against College Students Legal?

January 27th, 2016
Posted By
Valerie Farris Oman
A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue. The 2015 case,… Read More
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Categories: Blog

Member E-mail Addresses & Phone Numbers Subject to Disclosure?

January 15th, 2016
Posted By
Valerie Farris Oman
A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court interpreting the… Read More
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Categories: Board Conduct, Records

Are Management Companies Debt Collectors?

January 11th, 2016
Posted By
Valerie Farris Oman
A federal court in Indiana recently ruled that a management company is not a debt collector subject to the Federal Fair Debt Collection Practices Act (FDCPA or “the act”) if the owner is not delinquent when the management company is hired… Read More
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Categories: Collections, FDCPA

Court Upholds Association Foreclosure for Unpaid Fines

January 6th, 2016
Posted By
Valerie Farris Oman
A Connecticut court recently upheld a foreclosure action after an owner refused to pay fines assessed for her failure to construct a deck in accordance with board approved plans. Although this case was decided by a Connecticut court and is not bindin… Read More
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Categories: Collections

In Home Daycare Does Not Violate Ban on Commercial Activity

December 16th, 2015
Posted By
Valerie Farris Oman
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 bindin… Read More
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Categories: HOAs

Discrimination Against Children

June 24th, 2015
Posted By
Valerie Farris Oman
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 &… Read More
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Categories: Board Conduct, Fair Housing Act, Governing Documents

Don't Disregard the Formalities of Due Process

June 22nd, 2015
Posted By
Valerie Farris Oman
The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. A condo association i… Read More
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Categories: Board Conduct, Condominium Laws

Master HOA Rental Restriction does NOT apply to Subassociation Condominium

June 18th, 2015
Posted By
Valerie Farris Oman
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 contai… Read More
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Categories: Condominium Laws, Governing Documents

Waltz v. Tanager Estates HOA and Individual Board Member Liability

December 12th, 2014
Posted By
Valerie Farris Oman
The Washington State Court of Appeals, Division III recently published an opinion concerning the standard of care that is required of the board of directors in a nonprofit homeowners association. We summarize that case, Waltz v. Tanager Estates Homeo… Read More
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Categories: Blog
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