[WSBARP] WUCIOA
Jeanne Dawes
jjdawes at goregrewe.com
Mon Dec 17 10:03:21 PST 2018
Did anyone ever get Joe McCarthy's RPPT mid-year materials on WUCIOA? If so can you share them with the list. Thanks.
Jeanne
Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice: 509-326-7500
Fax: 509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
[cid:7029b209-7d72-4ff3-a3f4-7f0f7da9282c]
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John M. Riley III
Sent: Thursday, July 26, 2018 2:59 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WUCIOA
Without repeating Joe's entire article I know he said there would need to be technical corrections before the Sudden Valley case would be deemed overruled by the statute.
As I am retiring next Tuesday I am unable to scan and attach Joe's article. I think if someone asked him to do so he likely would. Thanks.
John Riley
John M. Riley III
Attorney | Witherspoon * Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>
[WK]
422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Wednesday, July 25, 2018 8:35 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] WUCIOA
John, I'd love to hear your opinion about why the content is incorrect. All of this is a mystery to me so I have called a number of those who participated in the drafting and/or were close to the Legislative process and they seemed to be telling me what I emailed to Paul.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<www.hossandwilsonhoss.com>
rob at hctc.com<mailto:rob at hctc.com>
This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments. Thank you.
This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose. To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Tuesday, July 24, 2018 4:42 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] WUCIOA
I suggest you read the materials presented on this subject by Joe McCarthy of Stoel Rives at this year's RPPT Midyear meeting. The content of the emails exchanged are not entirely correct.
John Riley
John M. Riley III
Attorney | Witherspoon * Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>
[WK]
422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com
Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, July 24, 2018 4:19 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] WUCIOA
Rob, thank you for confirming my suspicions. I found and read RCW 64.90.525 and 2018 c 277 Sec. 326 regarding the adoption of budgets but I just can't find where the legislature made this section applicable to preexisting CICs. I can see where this section fixes the Casey v. Sudden Valley issue for new CICs but I don't see where this new section applies to preexisting CICs under RCW 64.38. What am I missing?
[Paul A Neumiller]
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rob Wilson-Hoss
Sent: Tuesday, July 24, 2018 3:04 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] WUCIOA
Paul, what happened is that the proposed Legislation got put into the blender near the end and it came out quite a mess. Those who worked on it for years, I think it is fair to say, were not pleased. One of the areas that got a little crazy was the application to pre-existing CICs, but the way it worked out, it is pretty clear that it doesn't apply to pre-existings unless they amend to opt in.
A prior version, to the one that got passed, had a provision that would have allowed a pre-existing CIC to amend its declaration to allow it to do anything that could be done under the new Act, sort of a pick and choose approach. Unfortunately, that got axed and the provision now is, you can choose to choke on the whole thing, or none of it at all.
The only piece that is mandatory for pre-existing associations is the Legislature's answer to Casey v. Sudden Valley, the part about how budgets (including assessments, duh) get passed. It is slightly different from the HOA act provision so it is worth a look. Here it is:
NEW SECTION. Sec. 325. ADOPTION OF BUDGETS-ASSESSMENTS AND SPECIAL ASSESSMENTS. (1)(a) Within thirty days after adoption of any proposed budget for the common interest community, the board must provide a copy of the budget to all the unit owners and set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than fifty days after providing the budget. Unless at that meeting the unit owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget and the assessments against the units included in the budget are ratified, whether or not a quorum is present.
(b) If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget proposed by the board.
(2) The budget must include:
(a) The projected income to the association by category;
(b) The projected common expenses and those specially allocated expenses that are subject to being budgeted, both by category;
(c) The amount of the assessments per unit and the date the assessments are due;
(d) The current amount of regular assessments budgeted for contribution to the reserve account;
(e) A statement of whether the association has a reserve study that meets the requirements of section 331 of this act and, if so, the extent to which the budget meets or deviates from the recommendations of that reserve study; and
(f) The current deficiency or surplus in reserve funding expressed on a per unit basis.
(3) The board, at any time, may propose a special assessment. The assessment is effective only if the board follows the procedures for ratification of a budget described in subsection (1) of this section and the unit owners do not reject the proposed assessment. The board may provide that the special assessment may be due and payable in installments over any period it determines and may provide a discount for early payment.
I cannot imagine any circumstances where a pre-existing CIC would want to opt into a 134-page piece of legislation that is primarily notable for the insane amount of gotcha provisions which would put all smaller associations at risk on a daily basis, from the "disturbed" members who would hold the association's feet to the fire on all sorts of minor technicalities. And major ones that have zero application to small associations. The administrative burden would be overwhelming.
I think the powers that be are planning to offer some "technical corrections" next year, don't know about any seminars.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<https://nam01.safelinks.protection.outlook.com/?url=www.hossandwilsonhoss.com&data=02%7C01%7C%7C4d4a277e80a840c5453e08d5f1b1fff0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636680669202800868&sdata=MhmE%2Fr3ROWKItIQGdCMgyQOLoTWPX1AmNc3%2BTHK0Clg%3D&reserved=0>
rob at hctc.com<mailto:rob at hctc.com>
This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments. Thank you.
This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose. To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, July 24, 2018 2:24 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] WUCIOA
I am assessing the impact of WUCIOA on existing HOAs (under RCW 64.38). RCW 64.90.095 allows a preexisting CIC to elect to be governed by the new "Chapter." Does this mean the whole chapter? If the answer is yes, then why would a preexisting HOA ever agree to provide reserve studies (other than it's a good idea) and resale certificates and not to mention all of the changes that would need to be made to the governing documents to come into compliance with the new Chapter REC 64.90? Are the powers-that-be preparing any seminars on this topic? -Paul Neumiller
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