condo responsibilities

[knowledged1]

In Washington state, does a condo administration have any responsibility to notify owners of assesments re: amount and due date? If so, what time frame and what is considered legal notification? Also, my resale certificate indicates $29,000 for "repairs and/or replacements", yet they want us to pay for everything out of pocket. They say that money is tied up in CD's. I'm curious to know what my rights are, and what their responsibilities are. Any input would be welcome...Thank you.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by knowledged1:
In Washington state, does a condo administration have any responsibility to notify owners of assesments re: amount and due date? If so, what time frame and what is considered legal notification? Also, my resale certificate indicates $29,000 for "repairs and/or replacements", yet they want us to pay for everything out of pocket. They say that money is tied up in CD's. I'm curious to know what my rights are, and what their responsibilities are. Any input would be welcome...Thank you.<HR></BLOCKQUOTE>

Yes, the Association must notify all the owners. Some may actually be out of town investors that do not reside at the property. The Association can not legally special charge if they do have money in the reserve account. "The money is tied up in CD's" is not a valid reason for requiring owners to pay expenses out of pocket. Something does not seem right. You need to ask the association and the Board questions to fully understand the situation. Review a copy of the reserve study and talk to the the resident manager, association property manager and/or Board President to understand what the repairs and replacements are. Request an itemized list with description of item and cost. On an average sized condo project, $26K is not that much.

Tracey this is your neck of the woods.

 

[Tracey]

Ok, Ok, I looked up the laws. Neighbor, you can read the laws in RCW 64.34. The Bellingham Public Library has the RCWs in the reference section. You can also read the laws & research caselaw at the county courthouse law library (basement, open 'till 1 or 2 every day). Don't forget to read the pocket parts.

I don't know much about condos, so I didn't follow some of your terms. A condo association {CA} is responsible for any repairs/maintenance to 'the common elements'. 64.34.328. Your assessments have to be based on a budget adopted by the CA Board. 64.34.360. Assessments that benefit only some condos or were neessitated by one owner's actions can't be assessed against everyone. Id. Read the certificate line by line to ensure the CA apportioned the expenses correctly.

The CA can impose & collect assessments and set the budgetary revenues, reserves, & expenditures each year. 64.34.304(b). If the budget provides for a $50,000 reserve & the CA has a $200,000 reserve, I doubt the CA can assess more charges. It has to use the reserves. The bylaws should address this. If you aren't satisfied with what you find in the bylaws, you can work up a petition for a special meeting to address whether the Board has to use the reserves to pay whatever expenses they're trying to get you to pay. "Special meetings of the association may be called by ... unit owners having twenty percent or any lower percentage specified in the declaration or bylaws of the votes in the association." 64.34.332. You can always change the bylaws to make the board do what you want!

I couldn't find any law stating the required notification regarding assessment amount & due date. As a general rule, the CA should not be able to charge you late fees or interest until it has given you notice of the assessment amount & due date & a reasonable opportunity to pay. Read the CA bylaws & budget to see what they say about notice.



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[knowledged1]

Thank you very much for your input. I appreciate your time and effort, and have gathered a bit more information and a few more leads. This is a terrific website! Thanks again...