Charles Philip Mortimer's Answers

Is it legal for an hoa to charge late fees and interest without sending statements to homeowners explaining the charges?

The method for adopting rules and regulations- which generally include fines and late fees for non-payment of dues- is almost certainly set forth in your condominium's Declaration and Bylaws. It is certainly generally good practice for an Association's Board of Directors to inform members regarding changes to the fee schedule, but whether its required or not will depend on the notice provisions and methods for adoption stated in the Declaration and Bylaws.

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Does an out of state landlord needs an in state agent?

The short answer to your question is yes, a residential landlord that resides out of state must designate an agent within the state. RCW 59.18.060 reads in relevant part as follows regarding the Landlord's duties: (14) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes by certified mail or by an updated posting....

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In an WA state HOA (not condo), can owners be denied the ability to vote on changes, assessments, etc?

Planned residential community homeowners' associations in Washington are governed by statute, specifically RCW section 64.38, as well as by the recorded governing documents of the association. The provisions of RCW 64.38 provide minimum standards required for governing residential community homeowners' associations, which may be modified by the governing documents so long as those rules don't conflict with the provisions of the statute. Generally, it is not impermissible to deny voting rights...

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How is a late fee calculated and how much is reasonable on a house I rent for 1700 a month

The terms for what a landlord can charge relative to late fees are largely determined by the terms of the parties' lease, although there are some limitations and standards provided for under Washington's Residential Landlord Tenant Act. You should review your lease carefully to see what terms, conditions and restrictions may apply regarding late fees and interest. If you have questions regarding whether the landlord is properly following the lease, or whether the lease terms comply with the...

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My wife/myself and another tenant were robbed by our resident manager? What recourse do we have?

While the management company is probably correct that your insurance company has primary responsibility for the loss, assuming you have applicable coverage, there may be liability on the part of the management company or the owner if they were negligent in failing to screen and/or manage the resident manager. For instance, if the employee had a criminal history and inadequate steps were taken to discover this- or worse, if the employer knew of this history- it could constitute negligence on...

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Does an amendment to a condo declaration have to be in final form before being voted on?

Condominiums are governed by the Declaration, by-laws, but also by relevant Washington statutes. The statutes merely state minimum voting requirements for amending the Declaration, not specific procedures. You should check your Declaration and Bylaws to see if proper procedures were followed. That said, if the final version of the amendment is substantially different from the version approved in voting, you may have cause for a challenge.

Can a property manager enter a commercial space without warning?

Generally, a property manager acting on behalf of an owner may enter an occupied commercial space without notice only in the case of an emergency. An example would include flooding due to a broken pipe within the interior of the space. Otherwise, reasonable advance notice is required, or other such notice that may be required under the terms of the parties' written lease. If you have any questions about your rights or obligations under your lease, I recommend you consult an attorney...

De-icing sidewalks and parking lots at apartment complex

Generally, property owners have a legal duty to remedy unsafe conditions on their property so long as the condition is known or reasonably can be discovered. The property manager is the landlord's agent, so knowledge of the unsafe condition will be imputed to the owner. Also, it is likely a condition of your lease that the landlord keep common areas at the apartment in good and safe condition. You will need to put your concerns about the conditions in writing to the property manager with a...

I am trying to understand ingress/egress easements when there is no width description in the 45 year old agreement.

In Washington, the parameters of an easement are determined by the intent of the parties as expressed in the recorded easement document. The dimensions, precise location, and purpose of the easement should therefore be be determinable from the description in the easement agreement itself. Your warranty deed's legal description likely only references the easement as a "subject to" restriction, so you will likely need to obtain a copy of the recorded easement document in order to figure out...

Is this a real estate issue, and is there some type of action to be taken?

The nature of a resolution to the problem will depend on the nature of the court's order giving her the home. For instance, if the court awarded her possession of the home and any equity in the property, but did not absolve your husband of his share of the existing mortgage, there may be little relief available. If the court ordered that the home be sold or refinanced, however, there may be a cause of action available against your husband's ex-wife. Consider retaining an attorney experienced...