Whatcom County Condominium Owners Forum Home Page

Education

We've turned over the bulk of our educational functions to the Washington State Chapter of Community Associations Institute, CAI, a nationwide common interest community industry group. 

Using the Site

You can find topical details using the search box on this page. 

Washington State-centric Webinars

We're working with the Washington State Chapter of CAI -- as above, to add Webinars and make them available to owners/ new buyers/ investors and others interested in or already invested in common interest communities in Washington State.

Stay tuned for details.
_____________

Engaging Owners

We've always stayed away from politics in the Forum. We also believe that people need to know more about their voting powers.

Because your voting power is doubly important this fall -- both in electing representatives and government officials and in your common interest community where you vote for leadership, we want to share a few thoughts with you.

Recently, we watched a TED Talk geared to 'making civics sexy again'. This will be a worthwhile investment of your time to watch it. 

Eric Liu is a local, Seattle-based activist. You can learn more about him at Citizen University.

We encourage all owners to review this reminder: owner apathy can destroy a common interest community.

____________________________________________________

Lower Enrollment Fee for CAI

There is a new enrollment option for boards that includes all homeowners.

The enrollment option enrolls three board members for an annual fee of US$275. Then, all other board members and all owners can attend CAI events at the member price.

This new option is Huge for owners. Please present it to your board and enroll.

For Questions: (425) 778-6378 or info@wscai.org

____________________________________________________

Search This Site

You can search our site for topics of interest: what's here may inform you into pleasant surprise. In four years of sessions, we've covered most topics. Let us know if there is a topic that we haven't covered, and we'll work to put together another session.

Here Are The Basics

Welcome! This outreach aims at the 25% of real estate owners in all 39 counties of Washington State, so as to educate each one about common interest communities.

What brings you here? Are you. . .

·         A new owner in a common interest community?

·         A new resident in Washington State who wants to know ‘How do they do it there?’

·         An owner interested in volunteering for your board of directors?

·         A newly elected board member?

·         A board member with a new challenge?

·         A person in search of best practices in common interest communities?

·         A realtor interested in selling real estate in common interest communities?

·         An association manager in search of new ideas?

·         A banker interested in loaning money to an association?

·         A legislator interested in learning more about issues in common interest communities?

·         A vendor interest in making your services available to common interest communities?

·         A curious person?

Regardless of what draws you here, we strive to provide the information you seek. You can review the checklist at the end of the page to help you find the particulars you need, depending on your purpose here.

If you’re looking for something you can’t find here – try search! – and don’t find it, please request it.

Let’s Get Started

Owning real estate in a common interest community isn’t like owning other real estate. It comes with limitations, reservations and community-wide financing, so that the community can support itself and protect and preserve its real estate assets. We are available to help you learn more, so that you can thrive in and maximize your investment.

Here you can find text to review so that you can become familiar with common interest community types, a few vocabulary words, and links to Washington State Statutes that govern common interest communities.

Common Interest Communities in Washington State

Whether you’re a first-time buyer into a common interest community in Washington, or simply familiar with common interest community laws in other states – or countries, you can learn more about these communities in Washington State, by reviewing these links.

Your governing documents may address many of the same issues contained in the State statutes, and that language applies to your community and supersedes State law, but may not conflict with it. And, where your governing documents are silent, the State law applies.

We have three types of common interest communities in Washington: Home Owner Associations, Condominiums and Co-ops. The physical form of the real estate assets – buildings -- may differ, but these are the types of real estate ownership available to owners in Washington State. Most associations are governed by one of two State Non-Profit Statutes.

Home Owner Associations

HOAs in Washington may be more lightly governed than they may be in other states. This doesn’t mean that owning a home in an HOA in Washington is like owning a stand-alone home. It does mean, however, that there are laws that govern this form of Washington State real estate ownership that you need to know about. You can read the law here:
      http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38&full=true

Condominiums

In Washington, we have two statues that govern condominiums, one that governs communities formed before July 1, 1990, and the other for all condominium associations formed after that date. You can discover which statute covers your property by asking the board, or by looking at the date of your Articles of Incorporation on the Web site for the Secretary of State.

Associations Formed Prior to July 1, 1990

The original condominium act is titled Horizontal Property Regimes Act, and you can find it here:
     http://app.leg.wa.gov/RCW/default.aspx?cite=64.32

Associations Formed After July 1, 1990

The follow-on condominium law – called The Condominium Act – can be considered more robust and detailed than the first law. Most condominiums in the state are governed by this statute. You can find it here:
     http://apps.leg.wa.gov/rcw/default.aspx?cite=64.34

Co-operatives

There are fewer co-ops in Washington State than you may be used to, especially if you came to Washington from the East Coast. Residential co-ops operate in Washington like they do in most states, which means that you buy your way into a corporative ownership situation, and are given a designated space in which you can live.

Summary

Now that you have access to the state statutes you need, you can move along to learning more about your governing documents. As well, you can explore the site for more information.

Finally, please consider joining the Washington State Chapter of CAI. They offer classes, seminars, luncheon conversations, webinars, and an on-line community for people invested in common interest communities in our state.

DEFINITIONS

When you become involved in a common interest community, there is a vocabulary full of words and terminology that you need to understand. Here are a few basics.

Association Governing Documents

Every association of a common interest community is governed by a set of governing documents. As an owner, board member, prospective buyer and association manager, you are entitled to a current copy of each document.

Depending on the type of community, the composition of the documents may be made up of:

Conditions, covenants, restrictions and reservations

Often called the declaration, or ‘dec’ or ‘CC&Rs’, this land-use document is filed in the local county recorder assessor’s office by the original developer. It defines the land, its boundaries and its use. It can be amended – with self-contained instructions, and amendments are also filed.

By-laws

By-laws generally govern the actions of the board and of owners, and are based on the broad articles in the CC&Rs. These can be amended – with self-contained instructions, and are available from the board. These are most useful when then govern the business operations of the association.

Non-Profit Laws

Washington State has two non-profit statutes: the Corporations and Associations (Non-Profit) Act, and the Non-Profit Miscellaneous and Mutual Corporations Act. Generally, the choice to incorporate under one or the other act is left to the developer and the counsel at the time of the Public Offering Statement.

The Corporations and Associations (Non-Profit) Act

This act is the most commonly used corporate act for associations in Washington. You can read it here:
     http://app.leg.wa.gov/RCW/default.aspx?cite=24.03

The Non-Profit Miscellaneous and Mutual Corporations Act

Some associations are incorporated under this statute. You can read it here:
     http://app.leg.wa.gov/RCW/default.aspx?cite=24.06

Please be aware that some associations are incorporated as for-profit operations. You can find the specific statute referenced in the Articles of Incorporation for that association. As well, there are associations that are unincorporated, which means their governance may be limited to the governing documents prepared for that association.

You can read more detail in the following categories:

·         Finances, Paying, Saving, Accounting

·         Governance, Boards, Meetings and Minutes

·         Association Operations

·         Checklist – What Do You Want?

____________________________

Finances: Paying, Saving, Accounting

Introduction

The heart of any association is its money. The board is responsible for all monies involved with an association, and work entirely with Other People’s Money in this regard.

Assessments

Income for an association comes from assessments, paid by owners and investors, and based on an annual budget. Budgeted items may include master insurance policy premiums, utilities, grounds and building maintenance and so forth. A contribution to the reserve account is also suggested, but not required under state law. Governing documents may require an annual budget line item as a contribution to reserves.  

Reserve Study

The reserve study is a financial planning tool that itemizes each real estate asset, its age, its useful life, and its estimated replacement cost. A target replacement period is also included. This means that the board can budget reserve contributions in order to fund the reserve account at a level that is financially comfortable for the association’s owners and investors.

Reserves

Reserves are deposited into a separate bank account, where the association holds funds until reserve expenses are to be paid. Reserves can assemble tens – even hundreds -- of thousands of dollars, and wise treasurers protect this cash with principle-preserving investments, such as CDs, and minimize the number of signatories on this account.

Financial Reports

As with any organization, regular financial reporting occurs in common interest community associations. Balance sheets state assets and liabilities, and an income/ expense statement shows those details for the past month. Often the income and expense statement numbers are paired with budget numbers, including month-to-date and year-to-date totals in each budget line item or category. Financial reports are made available to every owner, sometimes by request.

Budgets

The budget process is an annual event, so that usually in the fourth quarter of the year, the next year’s expenses have been estimated and the proposed budget details sent to all owners. State laws and governing documents give boards the process to ratify the budget, with options available to owners who want to reject it.

____________________________

Governance, Boards, Meetings and Minutes

Introduction

Associations are operated by volunteers, elected to the board by owners’ votes. Initially, directors can be appointed by the developer. Once the association is ‘turned over’ to the owners, they elect directors.

Board work happens behind the scenes and in board meetings, and all official transactions must be transparent. Associations are multi-million dollar real estate investments, communities and homes to residents and owners. The state law that governs the type of common interest community – HOA, condominium or co-op – sets out parameters for boards, and since associations are usually non-profit corporations, one of those statutes also dictate some elements of boards and board service. Unincorporated associations follow their governing documents in these matters.

Boards

The board of directors is generally made up of owners and is usually an odd number of members, to eliminate tie votes. All board members are Directors in the corporation, and depending on their agreement, different roles within the corporation are served by these directors. President, Vice President, Treasurer and Secretary are common titles given to directors, and those roles define the service they provide to the association. Corporate statutes may also dictate separations of duties.

Board Meetings

The association’s governing documents and the state laws dictate the frequency of board meetings. Meetings can be open – recommended for transparency -- and are best announced to owners in advance of the meeting. The meetings typically follow an agenda, and can be conducted effectively using Robert’s Rules of Order. Depending on the association, owners may or may not be allowed to participate in meetings. Note, however, that an Owner Forum item on the meeting agenda can indicate a more transparent attitude from the board.

Board Meeting Minutes

Minutes are the official business history of the association. Motions, seconds and votes are recorded in the minutes. Complete sentences in motions are always appreciated by follow-on readers. There are required details to be included in lawful minutes, as outlined in the state laws and the association’s governing documents. Minutes – once approved -- must be signed in order to be valid. The association can keep a book of board meeting minutes, for easy reference by future boards. As well, copies are made available to every owner, sometimes by request, and may be made available to prospective buyers.

____________________________

Association Operations

Associations essentially ‘take care’ of real estate assets, being chartered with protection, preservation and maintenance of these assets owned in common. This may be the most individual of the lessons you can learn here, because you are best advised to learn from your community, and not from a Web site.

Operations are the day-to-day tasks that include mowing the lawn, washing the windows, inspecting the exteriors, roofs, garages, attics, crawl spaces and so forth. Irrigation systems, utilities coordination – rubbish, electricity, water – and amenity upkeep are all part of operations.

Boards establish use options that address such elements as road speed in the community, leash requirements, quiet hours, interior plumbing inspections and reports, resident maintenance requests, association activism and philanthropy.

Checklist – What Do You Want?

Depending on your role as you access these resources, here are a few recommendations that we make so that you can ask for the appropriate details in order to complete your due diligence. These recommendations are minimums – you can ask for more, and you may or may not be given access to them.

Prospective Buyer, request:

·         Current-version copies of all governing documents

·         Current copy of master insurance policy

·         Past three years of financials

·         Past three years of budgets

·         Past three years of board meeting minutes

·         Resale Certificate

·         Reserve Study

New Board Member, request:

·         Current-version copies of all governing documents

·         Current copy of master insurance policy

·         Past three years of financials

·         Past three years of board meeting minutes

Realtor, Insurer,  request:

·         Resale Certificate, and explanations

Lender, request:

·         Past three years of financials

·         Past three years of board meeting minutes

·         Reserve Study

·         Current copy of master insurance policy

___________________

How to Buy or Sell a Condominium -- Or Any Real Estate in a Common Interest Community

With enormous Thank Yous to our knowledgeable and accessible speakers, Kathy Stauffer of Windermere Real Estate, and Jo Flannery of the Ryan Swanson law firm, we offer a small sample of the useful details they delivered to us during our session.

A common interest community (CIC) can be a marina, a mobile home park, a high rise residential building, or a mixed use complex, and buying into one or selling part of one requires extra effort in terms of buyer due diligence and seller full disclosure.

For Buyers and Sellers

When you buy in, you become an automatic partner in the association. Buyers: look around at the amenities and determine what you pay for vs. what will you use. When you sell, be aware of curb appeal and general look and feel of the property.

In that high stack of papers that a buyer signs at closing is a (condominium) Resale Certificate -- purchase from a private seller, or a Public Offering Statement -- purchase from a developer. These are particular to common interest communities, and you are well advised to read and review the contents of these documents. Sellers: You are responsible for a (all CICs) Form 17 that the buyer will review.

Whether you're buying or selling, you can look at the 'big picture' for the community:

• What is its financial health?
• What are your percentage of voting rights -- allocated interest compared to all other allocated interests -- are they fair?
• What are indicators of the association being well managed?

During the period when you conduct your (buyer) due diligence or (seller) disclosure, study and review materials, so that a buyer can -- if necessary -- knowledgeable and legally cancel an offer or make one that reflects the status of the association. Sellers may want to pay special attention to outstanding indicators that could discourage buyers.

Get copies of the Resale Certificate/ Public Offering Statement before making an offer. Work with an association-savvy realtor to shape and value the unit. Not all real estate brokers are professionals with expertise required for transacting business with common interest communities.

Ways to read the 'big picture':

• How much are assessments and what do they cover -- can you find the details in the budget?
• Are delinquencies less than 10% of all assessments owed to the association?
• Is the subject unit current in assessment payments? If not, why not?
• What is your potential allocated interest -- you can find a chart in the back of the CC&Rs. Are you voting by percentage of ownership, or simple one vote to one unit? What is fair for the ownership?
• What is the date of the Public Offering Statement -- if it is more than 120 days old, you can request an updated version.
• In Reserves, are at least 10% of the total amount of annual assessments being held in Reserves?
• Request a copy of the Reserve Study, and compare it to the Reserve account balance. (Search blog to find Reserve Study Forum session notes for how to read a study. ed.)
• Given the age of the community, are Reserves high? High enough?
• Find a way to understand the board's philosophy, which is key to understanding the contents of the Reserve Study.
• For a new community with a Public Offering Statement, be aware that there may be pressure to keep assessments low. You can expect a 15% to 30% increase over the first several years, since unrealistically low assessments for new communities serve one purpose: to sell units.
• What is the master insurance policy deductible? (Take a copy to your broker and purchase personal property coverage not covered by the master policy -- this is highly recommended.)
• What is the percentage of rentals?
• What is the status of any rental cap: lenders and insurers question a high percentage of rentals?
• In new construction, be aware that warranties given in the Public Offering Statement may not reflect state law.
• If the building is a conversion, consider conducting extra due diligence: What was done?
• What is the status of any lawsuits? Suits for collections of assessments? Association suing owner(s) for other reasons? Owner(s) suing the board? (last = Major Red Flag.)
• Review meeting minutes. Last two annual meeting minutes, or two to three years' worth of board meeting minutes. 
• Review several years worth of financials and look for over-budget expenditures. Get explanations for why.

Finally, can you find someone who knows someone in the community? Are there any postings on social media about the association?

Real Estate Agents

Real estate agents are educators for buyers and coaches/ cheer leaders for sellers. Real estate agents are not:

• Immigration specialists
• Contractors
• CPAs
• Attorneys

The benefits of working with a knowledgeable common interest community realtor are enormous. Why? Because these realtors understand and can help buyers and sellers involved in CICs to act knowledgeably and can help maximize a CIC investment.

Review details to verify that the Resale Certificate you rely on is no more than 30 days old. Sellers are obligated to sign Resale Certificates and legally required to produce a Form 17. In many cases, lenders use Freddie Mac and Fannie Mae qualifying criteria for loans, so you can verify that your situation conforms to these lenders' requirements. 

Work with your realtor to complete the optional clauses in the neighborhood review. 

Sellers are well advised to check on:

• Delinquencies
• Curb appeal
• Pending maintenance projects/ expenses

Think like a single-family owner/ seller and work with your board to make the property look its best.

Is your association FHA certified? This can be a competitive edge. The association qualifies and keeps it up.

Are there special situations in your community, and how does that affect the price. Disclose these and give details as to the position. The key is disclose, disclose, disclose. 

Ideally, there are 'good sellers' and 'good buyers' -- so that everybody can 'get along'. This is crucial and problematic in common interest communities.

As to remodels: Best practices dictate that you establish your plans with a qualified architect, and review the plans with the board and with the neighbors. Note that windows and doors may be under the control of the association. Before you 'do anything', verify your authority to remodel before you begin.

Natural Disasters -- What Do You Know?

With Huge Thanks to our Forum Friends, Jeremy Stilwell, of Barker Martin, and Duncan Kirk of The Unity Group, and to Steve MacKenzie of the Red Cross Speakers Bureau, our January event sparked a lively conversation and unsettled most in attendance.

Grab a cup: there's lots of great information here, including Personal Preparedness, Association Preparedness, How to Put Together a Pro-Active Natural Disaster Plan for an Association, and Seminar Questions and Answers.

You can scroll down to find the headline you want. 

Personal Preparedness

Steve's experience as a disaster first responder and independent insurance adjuster gave him the heartbreaking stories to tell about what he'd seen in 31 years of working with people involved in natural disasters. 

He underscored the beauty of living in our geography by summarizing that we didn't live with some of the higher-than-human, food-chain predators he'd witnessed in other geographies. He meant snakes, alligators and other creatures turned loose in natural disasters that end up in unpredictable and unexpected places.

He also explained that most of his calls these days involve home fires. Steve discourages candles with live flames just for this reason.

As a Red Cross first responder, Steve asked "You've got four minutes. We're taking you to a shelter. What do you want to grab from your home."

He explained that animals are not allowed in shelters; that owners must find shelter accommodations for pets. But he did explain what is necessary in a disaster kit that you want to keep handy at home.

You can put one together based on your personal needs, and he encouraged everyone to shop at the Red Cross shop for a disaster kit. 

Steve demonstrated disaster tools that one might keep in the car. A tool to evacuate a seat belt and a hammer to break a window. "Don't keep them in the trunk," he admonished.

Take the time, on a regular basis, to review the contents of your disaster kit(s), so that any 'good-until' dates aren't past, and so that the kit contains what you need in the case of an evacuation.

He encouraged people to educate everyone in the home as to exits, escape routes, meeting places, safe-arrival reporting protocols and so forth. Develop a plan for you and yours, hold regular drills and prepare yourself for survival in a natural disaster.

Finally, based on insurance coverage that you carry, do take the time to photograph your home. You will find these photos useful when you asked to list all your possessions covered under a replacement policy.

Association Preparedness

Duncan told of his business being prepared so that after any disaster, the business would be able to recover within 24 hours. This means supplemental equipment, software, telephone systems, processes, and so forth. He conducts regular drills to verify the workability of the recovery systems.


Jeremy and Duncan also support the preparation of an association disaster kit -- it is a business after all. Disasters can affect gas lines, water lines, structures, access and egress, and most of all, people. Here are a few questions you can ask your board. In the event of a disaster, do you know:

• How visible are our addresses and unit location IDs?
• Where are the water shut-off valves and the tool to shut them off?
• Where are the gas shut-off valves and the tool to shut them off?
• Where are the unit keys or the master key?
• Who knows how to turn off the water, gas or gain access to units as necessary?
• Who has the authority to access units as necessary?
• What central location is designated as an all residents meet-up point, so that the association can account for all residents?
• Where are the building floor plans so that first responders can locate facilities and people?
• Who holds the list of all residents?
• How do we accommodate special needs residents, such as those with walkers, wheel chairs or no access to elevators or stairs?
• What education has the association provided to residents about how to respond in the case of a disaster?

This is a critical task for an association, based on its responsibility to maintain, protect and preserve -- at least -- its real estate assets. 

Given that this element is probably missing from many association's business records and files, the question can be: where to start.

How to Put Together a Pro-Active Natural Disaster Plan for an Association

Based on all the variables involved in any kind of disaster plan, a board-sanctioned committee is a great way to start. Your governing documents outline how board committees are established, chartered and so forth, what authority and power they can be given and so forth. 

The goal in the committee is to open the dialog regarding a disaster plan and ultimately to advise the board. Elements to consider include:

• Based in our CC&Rs, what action can the board take, should the board take, must the board take in the case of a disastrous event?
• Language is probably 'significant damage' or 'damage to structure' -- disaster is not used
• Existing language was written for the developer, not for an operational board
• Do our CC&Rs require an amendment to give the board the power to act?
• What repair or reconstruction process must the board follow and what are the time limitations involved in the process?
• Don't let the time limits slip by
• Time line is usually quick and non-standard
• What are our CC&R insurance requirements?
• Does our current coverage match our requirements
• Do we carry earthquake insurance and is it useful
• Do we carry flood insurance and is it useful
• Have we polled our owners to verify that earthquake insurance is desired
• Do we require that owners carry HO-6 policies. Why or why not
• What are our insurance deductibles?
• Who pays them
• Is the deductible language equitable given the disaster
• In a single unit fire, should all owners pay a share of the deductible
• Does the budget include a deductible fund held for access when needed
• Can our collective owners pay a deductible for earthquake repairs, if required
• If our master policy is an 'all-in' policy -- covers real estate including furniture and fixtures of interiors: cabinets, bathroom fixtures, etc. -- what improvements are owners required to report to the association and how is this done?
• What is the reporting provision in our CC&Rs regarding upgrades
• Does the association require photos, invoices, what documentation
• Is there a dollar limit over which owners must report and document upgrades
• How have we educated owners about natural disasters?
• Central meeting location
• Security -- buildings and units
• Best practices for our physical structures' exits and entries
• Assistance requirements
• Emergency contact details
• Actions to take
• Welcome packets
• What do we need to pay attention to on our property? Consider --
• Seismic shut-offs for gas and water lines 
• Rescue ladders
• Fire extinguishers
• Educating building or floor captains (Jeremy cautioned: don't just name them)
• Identifying resident contact tree
• Old or diseased trees
• What is in the association's disaster kit?
• Shut off valve locations for water and gas
• Floor plans
• List of residents
• Copies of master policy declaration page -- carrier and policy number
• Copies of owners' HO-6 policy declaration pages -- carriers and policy numbers
• To whom to we report a disaster?
• Who is authorized to know
• Who needs to know
• Who reports
• Form of report

Once the committee has researched the elements, the association may want to engage the services of association counsel to review the process, and may recommend crafting an amendment to the CC&Rs.

It's a good idea to announce this committee to all owners, since a majority of owners' votes are required to amend the CC&Rs.

At least, an association should perform a regular insurance check-up, to verify that what must be covered is covered, and adequately.

Seminar Questions and Answers

Q: Do I have to carry an HO-6 policy as a condominium owner?

A: Your board may require that you carry one, but the HO-6 policy covers your personal possessions, potentially in the case of a disaster, can pay your assessments, your living expenses if you cannot live in  your home and include earthquake coverage if the master policy carries it.

Q: Do I pay assessments if I can't live in my home/ unit because of a natural disaster?
A: Yes.

Q: What happens to my mortgage if my home/ unit is condemned after a natural disaster?
A: Your lender expects to be paid, regardless of the damage.

Q: What insurance covers improvements I've made to my home/ unit?
A: Depending on the CC&Rs and those reporting requirements, the master policy may cover these improvements. Best practices dictate that you send photos and invoices to the association, as evidence of your upgrades should any be required.

Q: How does the association know about improvements I've made to my home/ unit?
A: Every association has its unique requirements for owners reporting upgrades. Read your CC&Rs for the details you need.

Q: Who decides whether or not to condemn the structures?
A: This is a professional decision, that may be determined by the local municipality if the structures are not inhabitable.

Q: What is the time limit involved in deciding how to proceed with reconstruction or demolition after a natural disaster?
A: This data is available in your governing documents under 'significant damage' or 'damage to the structure', and is usually quick and tight -- documenting deadlines that are not to be missed.

Q: What are the association's legal responsibilities to owners regarding natural disasters?
A: A pro-active list of actions show the association's intent to honour its responsibilities; the lack of any action by an association in this regard may place the association at risk.

Q: What are owners' responsibilities to the association regarding natural disasters?
A: Owners are responsible for the deductibles and to pay assessments, including special assessments required to pay for repairs.

Guns, Marijuana, Political Signs and Other Controversial Issues in Washington Community Associations

With grateful thanks to Dan Zimberhoff of Barker Martin -- offices in Bellingham, too -- here are the highlights of the October 2013 session. (Tip: Follow Dan's link -- he's a prolific and knowledgeable, online advisor.)

Guns

Gun laws can be enforced under a hierarchy of laws: Federal, State and local. Gun ownership in the United States is at an all-time high.

This means that chances are high that residents in a common interest community own and keep a gun or multiples in their homes. Dan asks boards to consider the practical implications of implementing and enforcing regulations about guns. His list includes:

• May the association act?
• Should the association act?
• Must the association act?
• What guidelines are in force?
• Generally, the concept of 'reasonableness' can be a problem.

With much interactive discussion, a substantive recommendation is this: assume that there are guns in your community. Boards can recommend that owners store them and keep them in their homes in such a way so that gun accidents don't happen. Any attempt to regulate guns beyond a recommendation may well meet with defeat by owners.

Think about how children can access them, how a visitor might discover one, and how owners and residents can prevent the tragedies that often occur when guns are too easily available.

It's worth a discussion within the community to highlight the issue and to make residents aware that the association is thoughtful in this vein of their responsibility to lead the protection and safety of the community.

Marijuana and Nicotine Use

With the assumption that both drugs have a smoke state, it's important to note that second-hand nicotine smoke  has been proven harmful. No such data is yet available regarding second-hand marijuana smoke. 

Current laws in Washington State prohibit 'smoking' in public, including restrictions to help protect others against second-hand smoke. This is based on it being noxious, offensive, unhealthy and toxic.

Today, only the possession of marijuana is legal in Washington State. No adjustment has been made to Washington State's 'smoking' laws to accommodate marijuana. Note that the new law allows possession of ". . .one ounce of usable marijuana, sixteen ounces of marijuana-infused product in solid form or seventy-two ounces of marijuana-infused product in liquid form."

Again, some common sense is required by boards to address these uses:

• May the association act?
• Should the association act?
• Must the association act?
• What guidelines are in force?
• Generally, the concept of 'reasonableness' can be a problem.

(Do you see a pattern here? Is there any black and white? Is there any right or wrong?)

Blatant violations, such as the interior of a unit being used as a grow operation, or a processing center, may be clear violations of existing guidelines in an association. Look for 'odors', home-based business provisions, and so forth. This may also be a criminal matter so that the association can involve police.

Medical marijuana is another matter. Associations are encouraged to work with association attorneys to work out guidelines for residents qualified to use this drug.

Caveat: If your association is a mixed-used community, you may want to discuss prohibiting commercial space use for marijuana processing operations, retail establishments or grow operations. Especially where state laws do not prohibit these operations based on proximity to schools, libraries and so forth, the community is well-advised to step out ahead of the January 1, 2013 -- or later -- release by the state of its guidelines for these businesses.

Why? The association may want to protect residents from powerful odors that emanate from these operations, and may want to establish a guideline for commercial traffic to these enterprises. 

Involve the association's counsel in order to maximize the association's position while protecting itself from future compromise based on a commercial owner's need to rent space.

Political Sign Displays

In Washington State, political signs are regulated in home owners associations, but not in co-ops or condominiums. Boards are well advised to review the previsions included in RCW §64.38.034, and then develop guidelines that include the time, manner and place allowed for political signage.

Again common sense applies. 

• No signs means no signs, right?
• What if we allow signs, are the democrats going to kill the republicans in my community?
• What if we allow signs, are the republicans going to kill the democrats in my community?

Conduct an open discussion among owners and devise the guideline for your community.

Hot Topic #1 -- Noisy Neighbors

Attendees voted to include this topic in Dan's session. He explained that there is a difference between a sensitive neighbor -- one sensitive to noise -- and a few neighbors whose quiet enjoyment of their home is interrupted by a noisy neighbor. 

In these cases, there are times when the board should be involved and times when this is simply a neighbor-to-neighbor dispute. A conversation or note from a sensitive neighbor that reminds noisemakers of quiet times, of dog barking from loneliness during the day, and so forth may resolve the issue.

If parties -- or dogs, or sound systems -- disturb multiple other residents, the board may want to step in on behalf of the community and enforce quiet times or minimize excess noise.

Again, Dan's common sense guidelines -- above -- apply.

Hot Topic #2 -- Secretive Boards

This topic, too, was voted on by attendees to be included here. Dan advises boards to read -- actually read -- the governing documents. He encourages directors to highlight all occurrences of the word shall and all occurrences of the word may. The difference is this: the word shall implies a legal obligation -- there is no choice, while the word may implies that a board can, but is not required to do so.

(Owners are similarly advised: living in a common interest community requires you to do so responsibly -- in full knowledge of your governing documents. When you have questions, you may pose them to the board or to the association manager. Ask for a reference to your CC&Rs, Bylaws, Rules and Regulations and so forth, so that you can learn more about your living situation.)

Boards that operate according to their governing documents are in possession of authority: process is authority. Lack of process means that the board is operating outside their authority. D&O insurance coverage isn't guaranteed when boards operate outside their authority.

If a board fails to enforce rules, guidelines or other covenants, the unenforced statutes can be deemed as 'abandoned' by the association. When boards enforce rules, wisdom dictates that they do so with full consideration of the practicalities, but do so evenly and consistently.

Boards and owners with a substantial gap between them must find a way to come back together. Establish a protocol and an expectation for communication among community members. Minutes may be a way to communicate, but should not be the community newsletter. Use a newsletter to educate owners; minutes document association business and are legal, historical documents. Agendas and minutes should match.

Fire! Fire! Fire! Now What?

With huge thanks to Will Anderson, Senior Fire Inspector, Whatcom County, we enjoyed an informative and provocative session on September 3, 2013.

Fire and water can be considered the most damaging of natural resources to assets owned by common interest associations and their investors. Water is insidious and not always visible immediately. Fire, however, is unmistakable and requires immediate attention.

As owners of residences in common interest communities — and of commercial spaces — we owe a higher obligation to our community to be vigilant when it comes to fire. Common sense dictates that associations lead smoke detector testing and regular battery replacement efforts. As well, inspections of gas appliances, including gas fireplaces.

Educating residents about fire, and smoke detectors in particular, is also key. One resident who set off smoke detectors in her unit while cooking simply smacked the detector with a broom handle, thus knocking it off the ceiling and disabling it, then continued to live there with her family — and her neighbors — essentially smoke-detector-less.

Boards who lack this sense of leadership can be said to fail their communities, based on the state law that requires boards to protect association assets and the community.

Here then, details from our session.

Thirteen Separate Fire Departments in Whatcom County

Will reported that there are 13 fire departments in Whatcom County, with staffing vagaries differing among those located on the ‘east side’ and the ‘west side’ of the county. What this means is that every association is charged with calling their local fire department and working with their local authority to assure that the association’s assets are known, visible, locate-able and available to the department as required, in order to respond to a fire.

Forty-Three Separate Water Districts in Whatcom County

Contact your local water district to verify that hydrants are flushed regularly and that there is access to water within a reasonable distance from your property. There are some small districts with access to only well water. You can expedite putting out a fire if you know in advance that it is necessary for the fire department to haul the water to the event.

Exteriors

You know the layout of your buildings, roadways and property: Firemen do not. When you see firemen ‘standing around’ in front of a fire, often they are deciding as best as they can how to get in, how to get out, how to address the fire, how to ascertain all the data points necessary in order to fight a fire, save lives and not die themselves. That’s dramatic, but it’s true.

One option for an association is to prepare a pre-fire plan. This plan includes an overhead view of each floor showing all exits, for example. In addition, you can document:

·         Stand-pipe locations, if any — and physically mark them.
·         Sprinkler system schematics — tanks, valves.
·         Fire hydrant locations.
·         Master key boxes, if any.
·         Gate codes, if any.

Then, on the property, label every building with visible numbers that can be read at night. Identify unit numbers, too. There can be blue road reflectors embedded in front of hydrants. Lacking the details above about the property, you may lose a gate, front doors and so forth — which you’d prefer to losing lives.

Be mindful of where you stow your garbage, including recycle-able materials. Arsonists prefer to find easy targets: locations where the only equipment they need to bring to satisfy their need is a match. Cardboard recycle and plastic recycle materials are especially interesting to arsonists. Stow them away from buildings and so that they are not easily accessible.

Smokers who pitch butts into planters in front of the exit/entry door, or into the beauty bark around the building cause fires. Offer exterior ash trays that smother cigarette butts, and service them regularly. Move beauty bark a foot away from buildings, and insert stones in the bare patches.

If your tree branches droop lower than about 10 feet from bushes, or other flammable material, this means that fire can travel up through trees, then jump to other trees. You’ve seen in forest fires, how quickly and with enormous devastation how fires travel through tree tops. Prune your low-hanging branches.

Where possible, give your building a three-foot fire-break distance between combustibles and the building.

If your locale permits fireworks, as much fun as they may be, they are also a major fire hazard. Be prepared to offer water-filled buckets to revelers, and watch for flying, burning matter landing on roofs. In Whatcom County during 2012, millions of dollars’ worth of real estate was burned up by fireworks. Check your local municipality for fireworks periods and publish them to your residents.

If you use surveillance equipment, buy the best that the association can afford. Test it to confirm that the video results are usable.

Interiors

Smoking, cooking and candles are the primary fire starters in residences. Also be aware of using gas appliances and electricity.

Smoking

Smoking may not be allowed in common areas in your community. But unless your community is a non-smoking community, people will smoke within the homes. Most smoking-based fires are started by smokers who smoke in bed. Will explained that our modern furniture materials are significantly more combustible than were those used in homes 50 years ago. Today, you may have up to one full minute to evacuate a burning room: 50 years ago, you had several minutes — simply based on the combustible nature of the furnishings.

Cooking

Will’s Number One guideline is this: Never leave your cooking fires unattended. When, however, one occurs, if it is small enough, wet a towel, wring it out, expand it and smother the fire. This action takes courage, quick thinking and common sense. Never use powder — it may combust. Never use water — that may spread the fuel.

Even electric appliances can start fires. Keep your eyes open for recalls — check out the history of that electric appliance you bought at a garage sale.

No amount of heroic action is worth your life. When the fire is out of control, get out.

Candles

Be vigilant in your use of candles. If you must use them, put a substantial base under any glass container, so that if it breaks because of the heat, the wax and flame won’t spread onto the furniture or floor. A ceramic bowl is suggested, one large enough to contain the liquid in the candle mass.

Gas Appliances

Other elements include gas appliances, including gas fireplaces. Bring in inspectors and service personnel on a regular basis, to inspect and service interior gas equipment. Ask your association to mandate these services and inspections and add the cost to the budget. Look at the vent for the fireplace on the exterior. Is there a hood that deflects the heat away from the building? If not, this heat can dry out the wood and thus lower its ignition point.

Electricity

Don’t use electric extension cords. Don’t use plug multipliers. Throw them away. Their manufacturing standards are not adequate to prevent fires. Use power strips instead, those with true breaker-switch capability. When you feel power cords that are hot or warm, those are signals that there is fire potential there. You can use two power strips in one electrical outlet with two fixtures. No more. You can detect excess heat in electrical outlets if the colour of the outlet is brown or black. This may signal electric overload inside the walls.

Be aware that if Jacob, the handyman, who is not licensed, bonded and insured, inspects or services electric or gas equipment in your unit — or performs gas or electric work for you, your insurance may not cover any fire damage that occurs.

Fire Extinguishers

Finally, if you keep a fire extinguisher, preferably one coded 2-A: 10-B:C. They are inexpensive, not rechargeable and best kept if everyone in the home knows how to use one. Take a class. Mount it on the wall so that moisture does not collect under it and compromise its effectiveness. Keep it up to date.

Summary

In preparation for this session, we asked you to view a video showing a propane barbeque fire that took place in Seattle in June 2012. The video lasts six minutes, from the time the videographer could be heard reporting the fire to the 9-1-1 operator to the time the firemen extinguished the flames.

In our county — one of the largest In Washington — we can expect at best an average of ten minutes travel time for the firemen to travel from where they are to the event. In high-density, multi-family housing, any fire will affect more than one unit.

Action

Take the time to discuss this matter within your community. As a board member, you can use this checklist to elevate the protection you offer to your association, which is your responsibility:

·         What does our local fire department known about us? What would they like to know?
·         How does our local water district service fire hydrants near us?
·         Are our stand pipes marked?
·         Do we have a sprinkler system schematic showing tanks, valves, etc.?
·         Does the local fire department have access to our master key box?
·         Does the local fire department have our gate code? Over-ride or emergency code?
·         How visible are our address numbers and unit numbers at night?
·         How visible are the nearest fire hydrant markers at night?
·         How accessible are our buildings through alleys, side roads or main road for fire trucks?
·         Can we pass an inspection of flammable elements around our buildings?
·         How do we engage revelers during fireworks periods, and otherwise be vigilant during these times?
·         What is the status of our surveillance equipment, who tested it last, who is responsible for its maintenance?
·         How and how often do we educate residents about fire potential in units?
·         What action do we take as a board to address smoke detector maintenance, gas fireplace maintenance and so forth?

Please feel free to share this post with friends and family: the tips are excellent and can save lives.