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

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
Read More

How does a Community Adopt WUCIOA?

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
Read More

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

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
Read More

What's in Your Governing Documents?

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
Read More

Annual Audits

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
Read More

Enforcment of Governing Documents in Washington State

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
Read More

Who Pays for Limited Common Element Maintenance?

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
Read More

Renovation Projects and Your Governing Documents

So you’re Association faced with doing a renovation project – where do you start? The first place the Association should start with is the Declaration – the association attorney can help ensure that the Board is complying with the Declaration… Read More
Read More

Resale Certificates – What to Disclose

Sometimes our clients ask us: what are the legal requirements for language used in resale certificates regarding damages where repairs are needed? Our basic recommendation is that it is always better to disclose something and have a sale fall through… Read More
Read More

Notice & Opportunity to be Heard

Over the past several weeks, we have dealt with many questions about the proper procedure to follow when issuing fines against owners who do not comply with association rules. One important requirement that many associations do not know about or unde… Read More
Read More