Presented by:
Ken Harer, CCAL

We regularly have clients wanting to break off a relationship with a vendor, where the association (or their manager) signed a contract without reading or negotiating any of the contract provisions. Frequently the ability to terminate the contract is very limited. Other clients will come in complaining because what they thought they were buying is not what they received (usually construction and service contracts). We will discuss types of contracts and what to look for so that you and the vendor have common expectations, and so you can exit a relationship when you need to. Appropriate for all community types.

Types of contracts to discuss:

• Management contracts
• Cable TV contracts
• Consulting contracts
• Elevator Maintenance contracts
• Service contracts (landscaping or cleaning)
• Construction or repair contracts.

Biggest issues to watch for:

• Automatic renewal of contract terms
• Long contract terms (5 or more years)
• Release of all liability claims against a professional
• Termination provisions – Notice, fees and performance
• Contracting for services that you may not need or want.
• Requiring prepayment for services
• Insurance requirements for client and vendor
• Dispute resolution provisions.
• Vague or no specifications about work to be performed.

Presented by:
Anthony L. (“Tony”) Rafel, Esq.
Brett Nebeker

Warning: this will not be another “dry” lawyer presentation; it will be all about wetness – that is, water events occurring between units in condominiums, and who bears the responsibility for repair costs not covered by the association’s master policy of insurance. This subject continues to bedevil boards, managers, unit owners and, yes, attorneys and insurance brokers alike. Nevertheless, attorney Tony Rafel and insurance broker Brett Nebeker will boldly wade into it and try to provide some clarity and guidance. What does it mean to say that the association’s policy is primary? How do standard declaration provisions allocate uncovered losses between owners and the association? Must the declaration be amended to alter the “default” and if so, what language should be used? Are there losses that are not covered at all under the master policy and, if so, who pays in those cases? And are unit owners covered under their individual HO-6 policies if the master policy deductible is assessed against them? If your brain hurts every time these issues arise in your community, this may be the presentation for you!

Presented by:
Marlyn Hawkins, Esq.
Dean Martin. Esq.

When the Washington Uniform Common Interest Ownership Act (“WUCIOA”) was enacted last year, a lot of people know that some “new law” went into effect, but appreciating the full effect of the change is going to take a good amount of time. The 135-page statute replaces both the Condo Act (RCW 64.34) and the HOA Act (RCW 64.38) for all Common Interest Communities created after July of 2018. And, as most people are starting to realize, some portions of WUCIOA actually apply to existing Condos or HOAs, including the budget and “opt in” sections. Join Barker Martin attorneys Marlyn Hawkins and Dean Martin to get a better understanding of what WUCIOA is, how it applies to pre-existing communities and considerations for “opting in,” as well as updates from the most recent legislative session.

Presented by:
Daniel Stein, Esq.

One of the challenges of managing older condominiums is that they may need major repairs or renovations beyond the Association’s reserves. Not only is bringing a claim against the Association’s property insurance often a viable option to help defer the cost of major building envelope repairs, but bringing such a claim may be required by the Association’s governing documents. This session will make attendees aware of how older insurance policies may help cover the cost of building envelope repairs in certain circumstances; will help attendees recognize when an insurance claim should be considered; will help guide attendees through the insurance claim process; and will discuss recent, rapidly changing case law that strongly favors Associations.

Presented by:
Michael D. Brandt, Esq.

This presentation will cover the variety of problematic occupancies that association boards, unit owners, and managers continue to contend with in condominium and homeowners association communities. We continue to deal with the “tap-dancing” neighbors above us, the cigarette and/or marijuana smoking neighbors below us, the short term renters (think AirBnB) next door, the schizophrenics and the hoarders, the rude users of common area space, the hyper-technical rule followers, and the investor-owned renters down the hall who are requesting a hardship exception to the existing rental cap. We will discuss the interpersonal and legal tools to help you understand and, hopefully, resolve all of these issues.

Presented by:
Ken Harer, CCAL

Many declarations provide the association (through its Board) with substantial powers to adopt rules about pets, signs, architectural control, use of common areas, fines, and any number of other areas related to the community. Often associations fail to adopt rules, or adopted rules, to affect changes which they are not authorized to do. Suitable for all types of communities.

Rules most communities should have, but may not (varies with your declaration):

• Late fees and interest rates for unpaid assessments
• Fine schedule, which is distributed to all owners
• Lists of high-risk components, and how they must be maintained
• ACC regulations on fences, colors, landscaping, etc.
• Rules about signs, holiday decorations, etc.
• Procedures for due process at violation hearings.
• Pet rules regulating number, size, behavior, etc.
• Rule about minimum rent terms when declaration authorizes such rules
• Rules about use of cabanas and meeting rooms
  • Use by owners for their own business purposes
  • Alcohol use
• Requirements to provide leases and insurance policies (if in declaration)
• Obligations to register residents, pets, cars, etc. that reside in the home.

Rules some communities adopt that they may not have the power to:

• Prohibition on short term rentals
• Prohibition on rental of units, or a cap on the number
• Limits on number of people residing in a unit
• Prohibitions on all political yard signs
• Prohibitions on emotional support animals
• Rules against adult family homes
• Rules against solar panels and satellite dish antenna
• Rules prohibiting certain kinds of businesses.
• Fees for change of occupancy, review of records, etc.

Why do some board members act the way they do from time to time? What do you do when the board meeting gets hot? Why are we meeting if we can’t even make a decision? How do we deal with difficult board members that have colorful personalities? You’ve probably had one if not all of these thoughts. Regardless of how you feel about board meetings, they are crucial to the governance of your community association. If board meetings are not run effectively, chances are your association won’t function well either. This interactive session will include a Mock Board Meeting touching on the basic roles, duties and responsibilities of the board, as well as some tips and best practices for board members and managers on how to run a meeting. Come and learn about the different personalities of board members (such as The Dictator, The Narcissist, and The Martyr), as well as how to diffuse hot situations and effectively run a board meeting.