What are Limited Common Elements? Part Two

Limited common elements: spaces or things? “Limited common elements” can be spaces or things. Parking spots are an example of “spaces” that are frequently defined as “limited common elements” in an association’s Governing Documents. Par… Read More
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What are Limited Common Elements? Part One

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
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Smoking: Can an Association Ban Smoking? Part Two

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
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Smoking: Can an Association Ban Smoking? Part One

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
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When a Project Manager is Needed

I have never seen a Condo Declaration that required a project manager for any maintenance or repair. But if I were to look, I would look at the maintenance provisions, the authority of the board provisions and the damage and destruction provision. Th… Read More
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Costs to Maintain Limited Common Elements Assessed to All Owners

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
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Procedure Matters

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
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"Rent-Free" Living During Redemption Period

The Washington State Court of Appeals recently held that the owner of a condominium unit could not be forced to move out or pay rent during the redemption period after a judicial foreclosure by the Association. Viewcrest Condo. Ass’n v. Roberts… Read More
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Categories: Condominium Laws

Associations Not Required to Disclose Privileged Information

The Maryland Court of Special Appeals held that the Maryland Condominium Act did not require disclosure of information related to legal advice or attorney work product (privileged information) to owners. Although this case was decided in Maryland, an… Read More
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Categories: Condominium Laws

Don't Disregard the Formalities of Due Process

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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