washington

2017 Legislative Update

Oregon and Washington law makers are in session. There are several proposed house and senate bills which impact condominium and homeowner associations. Here's a brief summary, along with links to review the language of the proposed legislation.

Oregon

SB 470 - Would prohibit CC&Rs, Bylaws, or Articles of Incorporation from prohibiting or restricting certified family child care homes. Read bill.

HB 2722 - In the event of a drought or water shortage, a condominium association may not require owners to irrigate landscaped areas. Read bill.

HB 3056 - Associations often file lawsuits against delinquent owners. If the association receives a court judgment, this bill clarifies that the judgment does not operate to release or extinguish the lien on the owner’s property. Read bill.

HB 3057 - This bill adds criteria for a board of directors to use when updating or reviewing the association’s reserve study. In addition, the proposed legislation changes the timeframe for financial reviews from 180 days to 300 days. Read bill.

HB 3094 - The current laws governing the restatement of governing documents is vague. This bill clarifies the meaning of “restatement” and establishes requirements for the board to follow when preparing and recording a restatement. Read bill. 

Washington

SB 5134- This bill will give homeowners an objective timeframe of 45 days notice to be heard by the board of directors before the association may impose or collect charges for late payments of assessments. Read Bill.

SB 5250- Often times, it is very difficult for associations to obtain the required amount of votes to amend the bylaws due to non-participation. This law provides an alternative process for acquiring and counting votes to amend condominium bylaws.  Read Bill.

 

 

WA State Supreme Court Case on Implications of Plat Dedications

On February 12, 2015, the Washington State Supreme Court issued a ruling on the implications for municipalities which accept plat dedications. In this case, the recorded plat dedicated certain ground water and storm water systems to the county. The county then accepted those dedications by signature on the plat. The homeowners association (and its members) filed suit after issues arose with a drainage pipe. The lawsuit sought to compel the municipality to take action to fix the drainage pipe. Read the case here: http://www.courts.wa.gov/opinions/pdf/895333.pdf