Two-Prong Test for the Reasonableness of House Rules

October 1st, 2013
Posted By
Valerie Farris Oman
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
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Categories: Governing Documents

Use Restrictions Must be Contained in a Condominium’s Declaration

September 27th, 2013
Posted By
Valerie Farris Oman
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
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Categories: Governing Documents

What's in Your Governing Documents?

November 8th, 2012
Posted By
Valerie Farris Oman
Washington law contains numerous provisions containing restrictions and requirements on COAs and HOAs. In many cases, however, the law contains a minimum requirement only and defers to the more specific provisions of the governing documents. For a pr… Read More
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Categories: Governing Documents
Tags: condo association, condominium, declaration, governing documents, HOA, washington state

Reserves for Mixed Use Building & Limited Common Elements

May 30th, 2012
Posted By
Ken Harer
Often condo declarations state that some building components are to be paid for exclusively by one group of owners. This may include all residential owners, or all owners within a single building. This means that reserve contributions for those compo… Read More
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Categories: Governing Documents
Tags: condominium, declaration, limited common elements, reserve study, reserves, washington state

Know Your Governing Documents

March 11th, 2011
Posted By
Valerie Farris Oman
All associations, whether condominiums or homeowners associations, have a set of governing documents that…well…govern how that association is run. Many homeowners and even board members are unfamiliar with these documents, use the terms f… Read More
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Categories: Governing Documents

Your Condo Declaration is Not a Contract Between You and the Developer

February 15th, 2011
Posted By
Ken Harer
Many buyers of condominiums do not understand that the Condo Association and the Developer are not the same (even though they seem to be early on in the life of the Condo Association). The purchase and sale agreement that the buyer and seller have is… Read More
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Categories: Governing Documents

Annual Audits

December 30th, 2010
Posted By
Valerie Farris Oman
Can condominiums with fewer than 50 units vote to avoid having an annual audit? Only if their Declaration does not require an audit. The statute that requires both New and Old Act condominiums to conduct an annual audit provides that with a vote of 6… Read More
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Categories: Governing Documents
Tags: audit, financial, governing documents

Enforcment of Governing Documents in Washington State

December 21st, 2010
Posted By
Ken Harer
On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation suppor… Read More
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Categories: Governing Documents
Tags: due process, enforcement, governing documents, hearing, rules, written record

Limited Common Element Confusion in Condominiums | Seattle

December 16th, 2010
Posted By
Ken Harer
Limited common elements (LCE) in condominiums can be spaces or things. Spaces are like parking spots, decks, and storage closets. Things are like fireplaces, windows, or wires. When the LCE is a space, the boundaries of the space need to be defined s… Read More
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Categories: Governing Documents
Tags: deck, govering documents, limited common elements, maintenance matrix, responsibility, surface, who pays

Who Pays for Limited Common Element Maintenance?

December 3rd, 2010
Posted By
Ken Harer
Today I was asked again about whether the waterproof coating on a limited common element deck was the unit owner’s responsibility or the condo association’s responsibility. The answer depends on your specific condominium declaration, and depends… Read More
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Categories: Governing Documents
Tags: CC&Rs, cleaning, deck, declaration, governing documents, limited common element, maintenance, payment, repair, responsibility
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