David F Silver's Answers

David F Silver
Seattle Corporate / Incorporation Lawyer.
Contributor Level 6

2

Attorney answers:

  1. David F Silver
  2. Kevin Lee Britt

Which RCW applies to a Washington state condominium built in 1988?

Asked by a user in Bellevue, WA - about 2 years ago.

I would also add that RCW 64.38 et seq., the "Homeowners' Associations Act," could theoretically apply at a 1988 condo if that condominium's unit owners were also subject to a (non-condo) HOA master association. So, if a condominium formed in 1988 were situated in the middle of an HOA, theoretically all three statutes could apply. If you have any questions regarding what declaration and/or CC&Rs apply to a particular piece of real property, you should consult with counsel and your title...

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3

Attorney answers:

  1. David F Silver
  2. Kevin Lee Britt
  3. Jonathan H Levy

Can an HOA charge certain homeowners more for HOA dues in the State of WA?

Asked by a user in Camas, WA - about 3 years ago.

The general information below is applicable to HOAs, not condos. Assuming your community is an HOA (not a condo), most HOA CC&Rs contain specific provisions for how owners are assessed for common expenses. It is rare to find CC&Rs that do not address how owners may be assessed for common expenses. Accordingly, whether you can charge certain owners more than others will likely depend on the assessment-related provisions of your CC&Rs. Oftentimes, the CC&Rs will call for the board to...

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2

Attorney answers:

  1. David F Silver
  2. Gary D. Bollinger

When do the 6 months HOA dues start? Should it start on the month of the auction sale? Example please.

Asked by a user in Seattle, WA - 8 months ago.

For condominiums created after July 1, 1990, the "new" condominium act applies. RCW 64.34.364(3), with certain exceptions, basically provides that an association has a priority lien for the common expenses that would have come due against the unit during the six months immediately preceding the date of trustee's sale/sheriff's sale/declaration of forfeiture. The statute states that the monthly amount is based the periodic budget adopted by the association which would have become due during...

2

Attorney answers:

  1. Kevin Lee Britt
  2. David F Silver

Is there a Washington Association of HOA's?

Asked by a user in Kirkland, WA - almost 3 years ago.

Mr. Britt hit the nail on the head. The WSCAI provides a wealth of resources for condominium and homeowner associations in Washington. Their website, www.wscai.org, contains resources covering many of the issues and topics facing community associations. They offer seminars on governance and other helpful topics, and generally promote best practices in the industry. Their website includes links to CAI supporters and other association resources such as attorneys, managers, banks, landscapers,...