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If you have owners who don’t pay their dues, WUCIOA is better for most communities. (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,… Read More

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

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

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

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

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

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… Read More

For many months, we’ve seen that Bank of America foreclosures have been completely stalled. There are a number of reasons for this, not the least of which is the fact that BOA took over a multitude of sub-prime loans when Countrywide went belly… Read More