Kevin Lee Britt’s Answers

Kevin Lee Britt

Seattle Residential Real Estate Lawyer.

Contributor Level 11
  1. Does a condo association need to hold a special meeting to vote on a special assessment?

    Answered over 2 years ago.

    1. Kevin Lee Britt
    2. Richard Scott Carlyon
    2 lawyer answers

    The answer depends on what type of association you live in, when it was created, and what its governing documents say. An attorney that is familiar with community associations can assist in determining whether a vote is required to impose a special assessment.

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  2. If a condo owner did not comply with the CC&Rs, what steps can the association take to get compliance?

    Answered almost 3 years ago.

    1. Kevin Lee Britt
    2. Valerie Farris Oman
    3. Samuel Michael Meyler
    3 lawyer answers

    It is important to determine at the outset whether a violation of the governing documents occurred. If a section in the declaration gives owners the unfettered right to lease their units, then the answer in this situation may be "no" absent a rental restriction amendment. The association should make sure that it is confident in its interpretation of the governing documents before beginning an enforcement action. An excellent way to do so is by consulting with an attorney. Fines (...

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  3. Does a lien need to be renewed if a member fails to pay additional assessments?

    Answered over 1 year ago.

    1. Kevin Lee Britt
    2. Shawn B Alexander
    3. Valerie Farris Oman
    3 lawyer answers

    The original lien covers the subsequent assessments if it contains language to that effect. If the lien does not say that it covers subsequent assessments, then a new lien should be recorded. An attorney who practices in this area can help the association record proper liens and collect delinquent assessments.

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  4. What should a condo board do when a condo unit owner plants a garden for their personal use on association property?

    Answered over 2 years ago.

    1. Kevin Lee Britt
    2. Gavin Nathaniel Johnson
    3. Bryant Keith Martin
    3 lawyer answers

    Condominium boards have the authority to regulate common areas, and they can permit gardens within those areas. In the absence of complaints from other owners, boards can view gardens as enhancements of common areas. A written notice indicating that the board has decided to conditionally permit use of the association's property for a garden is advisable to preserve the association's ownership interest.

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  5. Our developer administered our HOA without bylaws; the CCRs do reference bylaws. Where can we get bylaws?

    Answered over 1 year ago.

    1. Kevin Lee Britt
    2. Shawn B Alexander
    2 lawyer answers

    If the CC&Rs do not specify how bylaws may be adopted and the developer did not adopt bylaws, then a majority of a quorum of the association can vote to adopt a set of bylaws at a meeting. The link to the state law describing HOA bylaws is http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38.030. Your Association should consider consulting with an attorney that has experience representing homeowners associations. Such an attorney can likely provide you with a sample set of bylaws.

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  6. Since I moved in 19 yrs. ago, my neighbor planted 2 birch trees which have intruded more & more on my view for 6+ yrs.

    Answered about 2 years ago.

    1. Kevin Lee Britt
    2. Irving A Sonkin
    3. Rand L. Koler
    4. Joshua David Dabling
    4 lawyer answers

    It is possible to enforce view-protection covenants on real property through litigation. This typically only involves obtaining an order to trim or remove the offending trees. Awards of monetary damages other than attorney fees are uncommon in these types of cases. Fines may be another available enforcement tool. Your association should consider consulting an attorney such as myself who focuses on representing community associations if the violation persists.

    4 lawyers agreed with this answer

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  7. Who has the vote of a condo unit that reverts to lender at foreclosure. Bank of America says they only service the loan, not own

    Answered almost 3 years ago.

    1. Kevin Lee Britt
    2. David M. Vereeke
    3. Joyce Stewart Schwensen
    3 lawyer answers

    The bank owns the unit after foreclosure and has the power to vote that accompanies such ownership. You may be able to amend your documents even if the bank will not vote if your documents permit amendments to be approved by owner "consent".

    4 lawyers agreed with this answer

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  8. Are HOA board members supposed to represent the owners as a whole, or vote their conscience regardless of majority opinion?

    Answered about 2 years ago.

    1. Kevin Lee Britt
    2. Shawn B Alexander
    3. L. Maxwell Taylor
    3 lawyer answers

    The Washington Condominium Act requires a board to act on the association's behalf. This means that the board should pursue policies that provide the most benefit to the association as a whole. The majority view of the owners should be considered, but a board may make a different decision if it has a different view of what is in the association's best interest.

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  9. Can a condo association pass a rule about where my dog can relieve itself years after I purchased my condo?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. Kevin Lee Britt
    3. L. Maxwell Taylor
    3 lawyer answers

    Yes.

    4 lawyers agreed with this answer

  10. My wife's name is not on the deed of our house, can she attend HOA meeting for me?

    Answered over 2 years ago.

    1. Kevin Lee Britt
    2. Irving A Sonkin
    3. Timothy Edward Steen
    3 lawyer answers

    A signed and dated document stating that she has your permission to attend the meeting and is your proxy for voting purposes is advisable.

    4 lawyers agreed with this answer