CLG COVID -19 Q&As - December 16, 2020

CLG COVID -19 Q&As - Dece…

Representing WA State condominium and homeowner associations. Questions? Email us:

Condominium Law Group - CLG COVID -19 Q&As - December 16, 2020 topics:

  • Governor's proclamation update 20-51
  • Fines for HOA violations
  • Meeting attendance
  • Voting by mail
  • Meeting virtually after the proclamation expires RCWs:
    • Old Act/Horizonal Property Regimes Act: RCW 64.32.
    • New Act/Condominium Act: RCW 64.34
    • HOA Act: RCW 64.38
    • WUCIOA (Washington Uniform Common Interest Ownership Act): RCW 64.90
  • RCW 64.90.080 Common interest communities, preexisting.
    (1) Except for a nonresidential common interest community described in RCW 64.90.100, RCW 64.90.095, 64.90.405(1) (b) and (c), 64.90.525 and 64.90.545 apply, and any inconsistent provisions of chapter 58.19, 64.32, 64.34, or 64.38 RCW do not apply, to a common interest community created in this state before July 1, 2018.
    (2) Except to the extent provided in this subsection, the sections listed in subsection (1) of this section apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents of those common interest communities. To protect the public interest, RCW 64.90.095 and 64.90.525 supersede existing provisions of the governing documents of all plat communities and miscellaneous communities previously subject to chapter 64.38 RCW.
  • RCW 64.90.525 - budgets, assessments, special assessments
  • RCW 64.90.545 - reserve studies
  • RCW 64.90.550 - reserve study contents
    (2) The budget must include: (a) The projected income to the association by category; (b) The projected common expenses and those specially allocated expenses that are subject to being budgeted, both by category; (c) The amount of the assessments per unit and the date the assessments are due; (d) The current amount of regular assessments budgeted for contribution to the reserve account; (e) A statement of whether the association has a reserve study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of that reserve study; and (f) The current deficiency or surplus in reserve funding expressed on a per unit basis.
  • Should the budget packet be reviewed by your attorney before it is sent to residents?
  • Rejecting a budget
    Unless at that meeting the unit owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget and the assessments against the units included in the budget are ratified, whether or not a quorum is present. RCW 64.90.525
  • Does Washington state law require that the HOA’s insurance cover damage to units after the deductible?
  • What happens if the BOD is aware of the legal requirements for a reserve study, cannot claim hardship, but does not approve the spending for one?