What Happens When a Company Dissolves?

Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70… Read More
Read More
Categories: Contracts

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 w… Read More
Read More

Board President Personally Liable for Violation of Fair Housing Act

In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer[1]. In this post, we’ll discuss another facet of that case:… Read More
Read More
Categories: Blog

Accommodation of Service Dogs Under Fair Housing Act

A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pi… Read More
Read More

Receivership - Brief Overview

When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.… Read More
Read More
Categories: Collections

Restricting access to common area roads: a “high risk” activity for Washington HOAs

When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a… Read More
Read More

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 numb… Read More
Read More
Categories: Governing Documents

Two-Prong Test for the Reasonableness of House Rules

A recent Division II Court of Appeals case has set out a two-prong test for determining whether a house rule is reasonable. The case, Kawawaki v. Academy Square Condominium Association, concerned a dispute over a newly implemented house rule that dic… Read More
Read More
Categories: Governing Documents

Use Restrictions Must be Contained in a Condominium’s Declaration

A recently decided Washington Court of Appeals case, Kawawaki v. Academy Square Condominium Association, has emphasized that use restrictions must be contained in a condominium’s Declaration. In 2005, the Kawawakis purchased a condominium intending… Read More
Read More
Categories: Governing Documents

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 Ac… Read More
Read More