Virtually every time one of our attorneys is faced with a general counsel question, the very first thing they consider is which governing documents, and perhaps what laws, may apply to the given situation.  We hope community association owners, board members and managers share this same instinct when dealing with a question, problem or association task.

By now, if you've been reading our Blog, you already know how important it is to become familiar with your association's governing documents.  We highly recommend creating an organized binder containing the CC&R's or Declaration, the Bylaws, the Articles, and the Rules and Regulations (including board resolutions), as a reference tool.  Once you have the binder created, it's easy to keep updated whenever an amendment is adopted or the rules change.

But, what about the written laws (statutes) that govern your association?  Yes, like the governing documents, directors and managers should also become at least somewhat familiar with the statutes applicable to their associations.  However, this can be more difficult for several reasons.  First, it can be difficult to know what statutes apply.  Second, reading statutes is known to immediately cause drowsiness.  And, third, the statutes change from time to time.

As to the latter point, for example, earlier this year, Washington State Governor Inslee signed into law a change to the Homeowners' Association Act which now requires a homeowners association to make association meeting minutes available to owners with 60 days after the meeting.  HOAs are now also required to approve the minutes of the previous association meeting at their next association meeting.  RCW 64.38.035.  Here's a link to a copy of the bill.  Were you aware of this change?  It never made the front page of The Olympian, the Tacoma News Tribune or the Seattle Times.  Yet, if you are a board secretary for your HOA and you are preparing meeting minutes, this change is applicable and important.

For the new year, resolve to create an updated set of governing documents, and to become familiar with the laws that apply to your association.  Call us if we can be of assistance to you in this process.