Whether any of us are truly ready or not, the Washington Common Interest Ownership Act ("WCIOA") takes effect on July 1, 2018. That date will be here sooner than you think. Are you ready? read more

On January 25, 2018, I blogged about an HOA in Auburn, California that passed a rule requiring all of its owners to leave their garage doors open during the day. The goal of the rule was to prevent owners from using their garages as living spaces. The patently overbroad rule—which, in effect, would render residents' possessions in their garages unsecured—subjected the association and board to local and national media scrutiny and criticism. read more

The HOA Act states that, unless otherwise provided in an association's governing documents, an association may adopt and amend rules and regulations. RCW 64.38.020(1). With such broad authority, how does a board know if a rule goes too far? Is there a rule of thumb? read more

One of the benefits of being general counsel for many community associations—both HOAs and condos—is that we can recognize frequently misunderstood, confusing and difficult issues, and help our clients avoid them. One misunderstanding that arises quite frequently is the failure to properly distinguish between directors and officers. With election season approaching for many of you, we thought a short discussion about a few director v. officer distinctions might be helpful.* read more

Has your condominium or HOA declaration been amended fifteen times? Are you tired of page after page of references to a declarant or developer that has been out of the picture (or out of business) for years, or even decades? Is your association's declaration so old, poorly recorded or otherwise hard to read, that parts are virtually illegible? Do you suspect that portions of your declaration conflict with current law? If you answered yes to one or more of the above questions, you should probably consider the Mother of All Amendments—an amended and restated declaration. read more