5K For LAC

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5K For LAC

5k For LAC - September 22 - Mobile Image

Join Us To Raise Money For WSCAI’s Legislative Action Committee

September 22, 2021 Beginning At 8:30 a.m.

Bridal Trails State Park, Kirkland

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5K For LAC: Race for the LAC!

Join us with your WSCAI colleagues for the 5K For LAC, hosted by the Community Outreach Committee & benefiting WSCAI’s Legislative Action Committee!

Date & Times

Wednesday,
September 22
Schedule:

Registration: 8:30-9:30 a.m.
Announcements: 9:45 a.m.
Runners: 10:00 a.m.
Run/Walk: 10:06 a.m.
Walkers**: 10:10 a.m.

**Walkers should be finished
by 11:30 a.m.

Location

Bridal Trails State Park

5300 116th Ave NE,
Kirkland, WA 98033
Directions

Additional Information

The park requires a Discovery Pass. Here’s a link to order one if you don’t have one (there is a one day pass option available for $11.50).
Carpooling is recommended.

Pricing

Individual Entry Fee: $35
* Special Offer*

Register By September 7 to receive an official LAC For 5K t-shirt!

Team of 5 Entry Fee: $150
* Special Offer*

Register By September 7 to receive official LAC For 5K t-shirts!

What Is This Thing Called LAC?

The LAC or Legislative Action Committee is a group of WSCAI member volunteers who review drafts of bills, work with lobbyists, and provide testimony to ensure that laws passed in Washington state promote the interests of community associations. LAC volunteers represent different facets of community association life: homeowners, community managers, attorneys and other Business Partners.

The LAC’s Mission: To positively influence legislation that directly impacts community associations and their residents.

What has the LAC done for you lately?

  • Earlier this year, the LAC worked to defeat two harmful construction defect bills that would have left homeowners in small condo communities without warranty protections.
  • In July, the LAC worked with the Governor’s office to permit fines for covenant violations while still prohibiting fees and interest for late assessments.
  • Currently, the LAC is working to make remote meetings and electronic voting permanent for community associations. The LAC wants the convenience and time- and cost-savings of these online capabilities to continue after the pandemic emergency ends.

What can you do for the LAC?

  • Your testimony helps capture the attention of lawmakers and illustrates how proposed legislation impacts the people who live in community associations.
  • Your donations ensure the LAC retains professional lobbyists who keep the channels of communication open with policy makers and government officials.

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Registration

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LAC End of Legislative Session Report 2020

LAC End of Legislative Session Report 2020

[ Blog/News ]

LAC End of Legislative Session Report 2020

Washington’s 2020 Legislative Session ended on March 12. The Washington State Chapter of Community Associations Institute (WSCAI) had a very successful year. The bills described below and outcomes noted are a small snapshot of the hundreds of hours of work by WSCAI’s Legislative Action Committee (LAC) and the Chapter’s professional lobbyists to advance the interests of homeowners living in community associations in Washington State.

Bill Descriptions & Outcomes:

Construction Defect Bills: SB 5219 & HB 1576 (OPPOSE)

Spot Art: Legal Fees and CostsLast Session, several bills were introduced that would have eliminated condominium warranties from projects with 7 or fewer units, including SB 5219 and HB 1576. The Chapter opposed those bills. The bills did not pass last session but they were automatically reintroduced this session under Washington’s biennium legislative procedures. SB 5219 was a point of contention with last minute attempts to amend and pass the bill within hours of the House of Origin Cutoff. We are pleased to report that the bill did not pass.

HB 1165 – Low Water Landscaping (SUPPORT)

Spot Art: Legal Fees and CostsHB 1165 passed out of Senate Agriculture, Water, Natural Resources & Parks Committee, with WSCAI, Department of Ecology, and League of Women voters all testifying in support. Under the bill, community association boards will no longer be allowed to outright ban low-water and wildfire ignition-resistant landscaping but will retain the ability to decide what water-efficient and wildfire ignition-resistant landscaping will be allowed and the aesthetics of the landscaping. In addition, community associations cannot fine residents who are following drought emergency guidelines issued by the Department of Ecology. The bill passed almost unanimously from both chambers (House: 93-4-1 & Senate: 46-2-1) and was signed by the Governor. The law takes effect June 11, 2020.

SB 5168 – Homeowner Notices of Fines (SUPPORT)

Spot Art: Legal Fees and CostsSB 5168 originally added a 45-day notice period before community associations could issue fines. Over the last few years, WSCAI and the Washington Commission on African American Affairs worked on a compromise solution. The bill, supported by WSCAI, stated that notice should be given in a reasonable time frame and a chance to appeal to the board should be provided in a fair manner. The bill made it out of the Senate (47-1-1) but died in the House due to lack of time.

SB 6617 – Accessory Dwelling Units (NEUTRAL)

Spot Art: Legal Fees and CostsHB 2570 and SB 6617 dealt with the issue of facilitating and promoting the use of accessory dwelling units (ADUs) through changes to development and zoning regulations. WSCAI was able to include language making the new requirements “subject to” recorded covenants in common interest communities. That language was challenged by certain parties in the final days of the session but we were able to keep it intact. The bill passed and was signed by the Governor on March 27.

WSCAI’s Legislative Action Committee is made up of homeowners, community managers, and business partners who volunteer their time and expertise to benefit the more than 2.1 million homeowners living in community associations in Washington State whose interests the Chapter represents.

As the session wraps up, let’s all take a moment to thank them for their work! End Of Article

Advocacy

Learn more about WSCAI’s advocacy efforts through our Legislative Action Committee (LAC). 

Donate To WSCAI’s Legislative Action Committee

Your contribution is critical in helping the LAC fulfill their advocacy mission.

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Washington State Legislative Update

Washington State Legislative Update

[ Blog/News ]

Washington State Legislative Update

The Washington State’s 65th Legislative Session adjourned on March 8th. For only the third time in the last decade, the Legislature did not go into Special Session. This is no small feat, finishing on time has only occurred during the short (non-budget) legislative sessions of 2008, 2014, and now 2018. The next Legislative Session will begin on January 7th, 2019. CAI’s Legislative Action Committee (LAC) has already started planning for next year.

Join Us!

If you would like to join the LAC, please reach out to Krystelle Purkey, contract lobbyist, at krystellepurkey@icloud.com.

Government Icon Retirements

There is a high probability of another long session looming, leading to several lawmakers announcing they will not seek reelection in 2018, with more announcing every day.
“It’s almost like we need to be a full-time Legislature, or figure out a different schedule,” Representative Lytton said to The Seattle Times.

As of the end of March, 13 lawmakers have announced they will not be seeking reelection, leaving a large vacuum of political power in Olympia. Political jockeying to fill those voids of power has already begun.

The surprise retirement announcement of Senator Sharon Nelson (34th – Vashon Island), who is the current Majority Leader in the Senate, will mean that no matter what happens in November the Washington Legislature will have a completely new leadership structure. Several Democratic Senators have started throwing their names into the mix as the potential new leader.

In the Senate Republican Caucus, Michael Baumgartner (6th – Cheney) has announced he will be running for Spokane County Treasurer, instead of seeking another term as Senator. Rep. Jeff Holy, Sen. Baumgartner’s current seat mate, will be vying for this seat.

IIn the House of Representatives, three House Democratic Chairs have also announced their retirement:

  • Rep. Kristine Lytton (40th – Anacortes), Chair of the Finance Committee
  • Rep. Ruth Kagi (32nd – Shoreline), Chair of the Early Learning & Human Services Committee
  • Rep. Judy Clibborn (41st – Mercer Island), Chair of the Transportation Committee
On the Republican side of the aisle, 9 GOP House members have announced their retirement, including the House Minority Leader Dan Kristiansen (39th – Monroe). J.T. Wilcox (2nd– Yelm), who was the Deputy Minority leader, was elected as the new leader before the Legislature adjourned. This large exodus of lawmakers means that the Legislature will have a lot of new personalities and new leadership in all four legislative chambers come 2019.

Government Icon 2018 Election Cycle

In 2018, every member of the House Representatives and half of the Senate is up for reelection.

Both parties have announced that they will be targeting key races throughout Washington State. The Democrats, wishing to secure their majority in all chambers, have announced their top targets as follows: Sen. Mark Miloscia (30th – Federal Way), Sen. Joe Fain (47th – Kent), Sen. Jan Angel (26th – Gig Harbor), and Rep. Mark Harmsworth (44th – Snohomish). The Republicans have announced they will be targeting Senator Steve Hobbs (44th – Snohmish), Rep. Christine Kilduff (28th – University Place), and Rep. Brian Blake (19th – Aberdeen).

Candidate filing deadline is on May 18. All candidates running will need to have declared by this date and then the campaign season will truly kick off.

Government Icon CAI Specific Legislation

During the 2017-18 Biennium, the Legislative Action Committee (LAC) advocated for the interests of CAI members. Over 20 pieces of legislation were actively worked on or monitored this year, however only 3 passed.

Substitute Senate Bill 6175 – WUCIOA

Brief Summary: Establishes the Washington Uniform Common Interest Ownership Act (WUCIOA) to govern the formation, management, and termination of common interest communities including condominiums, homeowner associations, and real estate cooperatives.

Only two sections of WUCIOA will automatically apply to existing common interest communities (condominiums, homeowner associations, and cooperatives) in Washington. One addresses the process for an existing community to elect to be governed by WUCIOA and the other addresses budget ratification and assessments. The full Act will only apply to common interest communities created after its effective date.

Prime Sponsor: Senator Jamie Pedersen

Bill Status: Governor Inslee signed the bill into law on March 27, 2018.

Effective Date: July 1, 2018

Second Engrossed Substitute House Bill 2057 – Foreclosure Fairness

Brief Summary: The striking amendment introduced by Senator Mullet is the culmination of a two-year process with over twenty stakeholders. The final bill is the agreed upon language that touches on everything from Department of Commerce’s foreclosure fairness fees to how the financial server can “maintain” the property. The two sections that impacted community associations were: deceased borrower and nuisance abatement.

The deceased borrower provisions created a process for servicer and associations to follow if an individual passes away without a will and is in a foreclosure procedure.

The nuisance abatement section forces servicers to conduct maintenance on the property if it falls into all three of the following categories:

  1. It is in a foreclosure
  2. The property is abandoned
  3. The city or county has deemed it a nuisance under prudery. Associations will be continuing the nuisance discussions over the interim

Prime Sponsor: Representative Tina Orwall

Bill Status: Governor Inslee signed the bill into law on March 29, 2018.

Effective Date: June 7, 2018

Substitute House Bill 2514 – Discriminatory Provisions Found in Written Instruments Related to Real Property

Brief Summary: Authorizes an owner of property subject to a written instrument containing provisions void by reason of Washington’s Law Against Discrimination to record with the county auditor a restrictive covenant modification document. Changes the list of unlawful provisions that homeowners association boards may (and in some cases, must) remove from their governing documents by majority vote to include all provisions that are void by reason of Washington’s Law Against Discrimination.

Prime Sponsor: Representative Christine Kilduff

Bill Status: Governor Inslee signed the bill into law on March 15, 2018.

Effective Date: June 7, 2018 – except for section 1, which goes into effect on January 1, 2019.

Government Icon What to Expect in 2019

Throughout the 2018 Legislative Session there was a constant chorus of “Washington needs a more robust housing supply.” However, with the Democrats gaining control again, they had several key pieces of legislation they wanted to pass, pushing the housing discussion off until next year. This is where the LAC will come into play and we must prepare for what is to come. The following is a list of potential top housing issues for 2019: construction defect claims, dispute resolution programs, and association voter apathy. As the LAC begins planning for the 2019 Legislative Session, it is always good to start with what was introduced during this last biennium, but did not pass, as it is likely to be reintroduced again.

House Bill 1172: Low-water landscaping

Brief Summary: Prohibits homeowner association and condominium association restrictions that limit private property owners’ ability to deploy low-water landscaping techniques.

Prime Sponsor: Rep. Tina Orwall

Substitute House Bill 1494: Private Road Maintenance

Brief Summary: Requires the holders of an interest in an easement to maintain the easement and permits agreements that allow maintenance obligations to be allocated to fewer than all holders of an interest in an easement. Requires the cost of maintaining an easement to be shared by each holder of an interest in the easement.

Prime Sponsor: Rep. Jeff Morris

House Bill 2022: Homeowners’ Association Violations

Brief Summary: Entitles an aggrieved party, if a willful violation of a homeowners’ association is found, to exemplary damages up to two times the actual damages sustained.

Prime Sponsor: Rep. Christine Kilduff

Substitute House Bill 2475: Tolling of Construction Defect Claims

Brief Summary: Revises the notice and opportunity to cure process in a construction defect action, adding a mediation process and further detail with respect to the termination of this process. Extends tolling provisions and provides for tolling in the context of claims by one construction professional against another.

Prime Sponsor: Rep. Cindy Ryu

Substitute House Bill 2485: Low-Water Landscaping

Brief Summary: Prohibits homeowner association and condominium association restrictions that limit private property owners’ ability to deploy low-water landscaping techniques.

Prime Sponsor: Rep. Tina Orwall

Substitute House Bill 2790: AGO Dispute Resolution Program

Brief Summary: The Office of the Attorney General (AGO) is directed to establish a dispute resolution pilot program in Clark, King, and Spokane counties, for the resolution of disputes between condominium and homeowners’ association boards and owners. The pilot also instructs the AGO to create educational materials on the rights of homeowners and the authority of the boards.

Prime Sponsor: Rep. Vicki Kraft

Substitute House Bill 2831: Association Notice Requirements w/Condo Defect Litigation

Brief Summary: Requires increased notice, a meeting, and a majority vote of the homeowners before the board of a condominium or homeowners’ association may commence a construction defect action.

Prime Sponsor: Rep. Tana Senn

SB 5082: Fire safety compliance

Summary: Requires an insurer, before issuing or renewing a policy of insurance to the owner of commercial or residential rental property for coverage of the premises, to require the owner to certify that he or she is in compliance with fire safety requirements. Requires an insurer, before issuing or renewing a policy of insurance to an association for a condominium, to require the association to certify that the condominium is in compliance with fire safety requirements.

Prime Sponsor: Sen. Kirk Pearson

SB 5134: HOA Notice and Opportunity Provisions Relating to Certain Enforcement Actions Taken by a Homeowners' or Condominium Association

Summary: Before a homeowner’s association or unit owner’s association may impose and collect charges for late payments of assessments, the owner must be give 45 days notice and an opportunity to be heard by the board of directors or their designee. It is also clarified that the opportunity to be heard must be fair and impartial.

Prime Sponsor: Sen. Bob Hasegawa

SB 5250: Condominium Association Bylaw Amendments

Summary of Bill: Revises the condominium act with regard to voting requirements when amending the bylaws of the association.

Prime Sponsor: Sen. Karen Keiser

Senate Bill 5377: HOA Budget Ratification Voting Requirements

Summary of Bill: Removes provision that a budget is ratified unless a majority of the ballots cast in the association vote to reject – and instead, adds requirement that the majority of ballots cast by those in the association present, by person or by proxy, determines the proposed budget vote.

Prime Sponsor: Sen. Tim Sheldon

Senate Bill 5428: Condo Association Litigation Costs

Summary of Bill: Revises the condominium act regarding costs of litigation for condominium associations by changing the definition of constructional defect and prohibits the board of directors from taking action on behalf of the association to: institute, defend, or intervene in litigation or administrative hearings.

The parties to a construction defect dispute must engage in mandatory binding arbitration.

Prime Sponsor: Sen. Mike Padden

Substitute Senate Bill 6001: Amendments to Bylaws

Brief Summary: The bylaws of a condominium may be amended by applying the minimum percentage of affirmative votes to the number of votes received rather than the total number of votes allocated if: 1) the proposed amendment is not seeking to amend the method of amending the bylaws; and 2) three notices are sent by certified mail, at least ten days apart, to the unit owners in advance of the vote either at a proposed meeting or other voting method authorized by the governing documents.

Prime Sponsor: Sen. Karen Keiser

Substitute Senate Bill 6005: Protecting Lienholders' Interests While Retaining Consumer Protections

Brief Summary: County treasurers, at least 180 days before the issuance of a certificate of delinquency, must provide notice to the record owner of residential property that contains information regarding the potential for the homeowner to access mediation under the Foreclosure Fairness Act.  The fee a person may charge a non-natural person to locate abandoned property is 35 percent of the value returned to the owner.

Prime Sponsor: Sen. Mark Mullet

We Need Your Support!

Government Icon Government Icon Government Icon

The LAC thanks all the members who have stayed involved and diligent this year. We will continue to fight for all community associations throughout the State, but we will still need your support.

In 2019, housing will be one of, if not the most, debated issues at the Washington State Legislature. Please keep a look out for CAI’s “Calls-to-Action” and let your lawmakers know how important it is for them to support our industry. We are essential to a thriving and prosperous Washington.

If you are not receiving emails for CAI’s “Calls to Action” and would like to get on the distribution list, please contact Dawn Bauman at Dbauman@caionline.org.

Written By WSCAI's Legislative Action Committee (LAC)

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Chapter Magazine

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March 2023 Issue

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Federal Housing Administration’s (FHA) Condominium Guidelines

[ Blog/News ]

Federal Housing Administration’s (FHA) Condominium Guidelines

The ever-changing FHA Condominium Guidelines continued to create problems for many CAI members in 2011. Despite the challenges, CAI was able to work with FHA to amend some of the FHA lending criteria even as FHA released new policy that created new obstacles for condominium associations.

In June of 2011, FHA issued major revisions to the Condominium Guidelines, which, according to FHA, would address concerns raised by CAI. While the new guidelines added some flexibility on assessment delinquencies, commercial space and rental restrictions, it also imposed new and troubling criteria on fidelity insurance, project certifications and assessment delinquency calculations.

After the release of the new Guidelines in June, CAI worked with our members to escalate our efforts to persuade FHA to engage in a more rational and transparent process in developing condominium guidelines. First, CAI sent a letter summarizing concerns about the new Guidelines to the FHA commissioner. CAI noted that the requirements FHA imposed on fidelity insurance and project certifications were in conflict with many state laws and with the best practices of condominium associations. CAI also chided FHA for putting the burden of collecting assessments from bank-owned properties on association boards rather than on the banks that get a subsidy from FHA under the condominium loan program. CAI also filed an administrative challenge against the new Guidelines, arguing that FHA failed to do minimal due diligence when drafting the new requirements. Then, working with our state Legislative Action Committees, we took our concerns directly to members of Congress in August. Additionally, when FHA announced during a public training session that it would be looking at the issue of deed-based transfer fees, CAI sent a strongly worded letter urging it to engage in outreach and research before taking any unilateral action.

The arrival of fall saw the return on the investment in our Congressional Outreach. First, FHA backed away from their costly and duplicative management company fidelity bonding mandate. This was followed a few weeks later by key members of Congress and the Senate sending letters critical of the FHA Guidelines and the lack of transparency in their development. It is through these efforts that CAI will continue to move FHA policy to more rational and fair criteria.

As the year end approaches, FHA’s financial position showed significant deterioration, with the organization well below its statutorily-mandated reserve requirements. There were whispers in Washington of a pending bailout, which would be bad news for potential condominium buyers as FHA continues to be the pre-eminent lender for condominium mortgages. This also will likely make CAI’s task for pushing for reforms of FHA lending criteria even more challenging. At the close of 2011, it looks as if 2012 will be yet another year filled with challenges on the mortgage front.

As part of our ongoing Mortgage Matters Program, CAI is working to protect homeowners in community associations and to ensure access to fair and affordable mortgage products for all current and potential community association residents. You can follow our work and share your thoughts at www.caimortgagematters.org.

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WSCAI Names Mary Helen Roberts as Legislator of the Year

[ Blog/News ]

WSCAI Names Mary Helen Roberts as Legislator of the Year

State Representative Mary Helen Roberts (D-Lynnwood) has been named WSCAI’s 2011 Legislator of the Year. She will be recognized at the annual CA Day event on September 24 in Bellevue.

Roberts prime sponsored House Bill 1309 which clarifies and expands the reserve study disclosure requirements for condominium owners and extends the law to homeowner associations with significant assets. The WSCAI Legislative Action Committee (LAC) worked closely with Rep. Roberts on the bill.

“Representative Roberts went above and beyond for the homeowners this session,” said Jeremy Stilwell, WSCAI LAC Co-Chair. “We are fortunate to have her knowledge and tenacity working on behalf of homeowners in Olympia.”

As a condominium owner herself, Rep. Roberts was able to share her personal perspective on why disclosure of such important information is critical to the financial stability of a community association.

“We are thankful for Representative Roberts’ ongoing advocacy for the homeowners of this state,” said Michael Brandt, WSCAI LAC Co-Chair. “Her firsthand knowledge of living in a community association and understanding the need to provide transparent disclosure of such important financial documents is immeasurable.”

HB 1309 passed the House of Representatives 95-1 and the Senate 48-1. The bill takes effect January 1, 2012.

Legislature eager to address major revisions to common interest ownership statutes

In June the House Judiciary committee held a work session in Olympia to get an update regarding developments from a group of attorneys who are preparing to submit a substantive update of the Condominium and Homeowner Association Acts to the 2012 Legislature.

The group, now a subcommittee of the Washington State Bar Association (WSBA) Real Property Section, commenced its effort in the spring of 2009 to thoroughly review the Uniform Common Interest Ownership Act (UCIOA), which was adopted by the National Uniform Law Commission. The WSBA group consists of developer attorneys, an individual homeowner attorney and a community association attorney. While there are a few attorneys that have taken the onerous task of drafting the legislation, stakeholders, such as WSCAI, are included in the larger participant group that will offer feedback on the work product as it is developing.  The benefit of adopting some form of UCIOA in Washington State is to provide a model set of laws to govern condominium, cooperative, and planned unit development communities. The passage of such legislation will provide consistency and clarity to those living in and governing these communities.

WSCAI will actively be monitoring and participating in these discussions, so stay tuned for updates.

Efforts to license Community Association Managers could be on the horizon

Legislation took effect in July 2010 that redefined much of the real estate licensing laws. Although there were attempts to add community association management to those duties of a licensed real estate broker, WSCAI was successful in having those references eliminated from the final legislation.

In late 2010, the Department of Licensing received inquiries on whether or not Community Association Managers (CAM) needed to be licensed as real estate brokers. Because there was no specific definition of what a CAM is, or that it is specifically not a real estate broker, the Department is working with WSCAI in seeking clarification. One of the options to avoid having to require CAMs to be licensed brokers is to create a separate licensing requirement for CAMs. WSCAI will be presenting an update on this issue at CA Day and will be updating members accordingly in the Journal.

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