Annual Meetings and COVID-19

March 14th, 2020
Posted By
Valerie Farris Oman
Many communities have questions about whether and how to conduct annual meetings in light of the COVID-19 virus. Especially given the ban on gatherings and closures of schools. Communities need to balance the need to conduct Association business agai… Read More
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Categories: Condominium Laws, Governing Documents, HOAs, WUCIOA
Tags: annual meetings, condominium, coronavirus, COVID-19, HOA, homeowners association, wasington state

Does WUCIOA Eliminate Restrictions on Assessments in the CC&Rs of an Existing HOA?

July 9th, 2018
Posted By
Valerie Farris Oman
We believe that section 326 of the Washington Uniform Common Interest Ownership Act (“WUCIOA”) eliminates any restriction on assessment increases within the CC&Rs of an existing HOA. Our legal argument is strongest in cases of a special asses… Read More
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Categories: Governing Documents, HOAs, WUCIOA
Tags: CC&Rs, community association, financial, governing documents, HOA, homeowners association, washington state, washington uniform common interest ownership act, wucioa

How does a Community Adopt WUCIOA?

June 25th, 2018
Posted By
Valerie Farris Oman
For currently existing condos, co-ops, and homeowner associations, there is a process to adopt the Washington Uniform Common Interest Ownership Act (“WUCIOA”). First the owners must vote to amend the declaration and choose to be governed by WUCIO… Read More
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Categories: Governing Documents, WUCIOA
Tags: amendment, condo, condominium association, declaration, governing documents, HOA, homeowners association, washington state condo, washington uniform common interest ownership act, wucioa

Short Term Rentals - Commercial Use?

May 7th, 2018
Posted By
Valerie Farris Oman
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Many association documents restrict the use of dwellin… Read More
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Categories: Governing Documents, tenants
Tags: airbnb, commercial use, rental, residential use, short-term rental

WUCIOA - What is it, and why should my community association care? Topic 3 - Restrictions on Use

April 20th, 2018
Posted By
Valerie Farris Oman
WUCIOA makes restrictions on use easier to adopted, like rental caps and smoking bans (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
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Categories: Condominium Laws, Governing Documents, HOAs, WUCIOA
Tags: CC&Rs, community association, condo, condo association, condominium, condominium act, condominium association, condominium law, declaration, governing documents, HOA, homeowners association, new act, old act, rental, restriction on use, washington state, washington uniform common interest ownership act, wucioa

What Percentage of Owners Must Approve a Rental Restriction in a Condominium?

March 23rd, 2018
Posted By
Valerie Farris Oman
For New Act condo associations (those created July 1, 1990 or later), state law requires that 90% of owners (and every affected owner) vote in in favor of a declaration amendment in order to pass a “restriction on use.” For Old Act condo associat… Read More
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Categories: Condominium Laws, Governing Documents

What are Limited Common Elements? Part Two

February 21st, 2018
Posted By
Valerie Farris Oman
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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Categories: Condominium Laws, Governing Documents

What are Limited Common Elements? Part One

February 19th, 2018
Posted By
Valerie Farris Oman
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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Categories: Condominium Laws, Governing Documents

Smoking: Can an Association Ban Smoking? Part Two

February 16th, 2018
Posted By
Valerie Farris Oman
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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Categories: Condominium Laws, Governing Documents
Tags: amendment, ban on smoking, condominium, declaration, no-smoking, nuisance, smoking

Smoking: Can an Association Ban Smoking? Part One

February 14th, 2018
Posted By
Valerie Farris Oman
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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Categories: Condominium Laws, Governing Documents
Tags: common areas, limited common areas, marijuana, restriction on use, smoking, tobacco, vape, vaping
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