Bilanko is the most recent addition to the ongoing saga in Washington law and the enforceability of condominium declaration amendments under the WCA (RCW 64.34). Bilanko involved a homeowner challenge to the enforceability of a declaration amendment that restricted unit rentals. In a unanimous decision, the Washington Supreme Court held the unit owner's challenge untimely and time barred under RCW 64.34.264(2), which requires any challenge to the validity of an amendment to be brought within one year of the amendment's recording. The Washington Supreme Court did not explicitly overturn Fillmore or Club Envy, but certainly limited the application of those decisions to many existing declaration amendments. At first glance, the case may appear to validate amendments recorded at least one year ago absent fraud or wrong doing. Unfortunately, as is often the case (pun intended), the Bilanko decision isn't quite that straight forward. Associations who have recorded statements or included language in resale certificates nullifying or declining to enforce prior amendments as a result of Filmore, however, should definitely revisit the issue in light of this case. read more

This past weekend I spoke at the Community Association Institute's ("CAI") South Sound Law Day on the topic of association records. Based on the number of questions from the audience on owner requests to obtain or review records, I thought I'd summarize some highlights here. read more

One of Johnny Carson's greatest bits was when he donned a cape and turban and became the Great Carnac. The Great Carnac had the ability to divine answers to unknown questions. If the Great Carnac was real, he probably would have made a nice living as an insurance agent. Presumably, your insurance agent does not have the same mentalist powers as the Great Carnac. Because of these limitations, it is incumbent on you to actually ask the questions that the Great Carnac would otherwise divine. read more

Although summer is the most popular season for construction and it is quickly coming to a close (I am not ready to admit it's over), architectural review committees ("ARCs") operate year-round to review and respond to architectural review committee applications. If you plan on serving on your association's architectural review committee (sometimes called "architectural control committees" or "ACCs"), we have a couple of important tips to keep in mind. read more

A couple of years ago Barker Martin anticipated that hoarding would be an issue for community associations to contend with under laws like the Americans with Disabilities Act and Fair Housing Act. Since then, the issue has continued to garner greater attention in its effect on the community at large. read more