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Community Association Institute: Washington State Chapter
November/December 2007



Email and Community Associations - Proceed with Caution:  Electronic mail ("e-mail") has become the communication method of choice for many people, and it is also becoming a popular way for boards and community associations to communicate. E-mail is obviously a fast and inexpensive way to spread information. However, statutes governing community associations do not mention e-mail, and most associations governing documents are silent about using e-mail to communicate or conduct association business. This raises legal question about the proper role of e-mail in associations. This article will discuss whether . . . to read more of this article from Kevin Britt, Condominium Law Group, PLLC click here.

Federal Fair Housing Law and Community Associations:  The Fair Housing Act of 1968 bans discrimination by community associations and others on the basis of race, color, religion, sex (added in 1974) and national origin in certain real estate transactions. The Act was greatly expanded with the passing of the Fair Housing Amendments Act of 1988 (FHAA), which extended coverage to discrimination based on handicap and familial status (families with children). While many types of discrimination covered by the fair housing laws are fairly obvious, there are some other types of discrimination that come up in the community association context that . . . to read more of this article from Patrick McDonald, Law Offices of Kris J. Sundberg click here.

Flags, Signs and Associations:  A homeowner wants to erect an 80-foot flag pole on his front yard to display the American and Washington State flags in support of our local troops in Iraq. While the board is sympathetic to the owner's patriotism, the association has rules against additional exterior lighting, flags and lawn ornaments. Another owner wants to show his constant support for a city council candidate by posting a political sign year-round on the common area of the condo abutting the street where people will see it when they drive by. What does the board do? Most board members probably don't realize how . . . to read more of this article from Marlyn Hawkins, Barker Martin, P.S. click here.

I Only Smoke When I'm on Fire: Resolving complaints dealing with secondhand smoke is a very difficult issue.  Every winter our office receives calls from owners complaining that smoke from their neighbor's unit is traveling into their unit. Every summer, we receive similar calls from owners complaining of neighbors smoking on their patios, and the smoke drifting in through open windows. According to the American Lung Association's Second Hand Smoke Fact Sheet . . . to read more of this article from John A. Coe, The Coe Law Group, PLLC click here.

The "Dish" on Antennas and Satellite Dishes: About 10 years ago, the Federal Communications Commission (FCC) adopted rules designed to ensure that homeowners have access to a broad range of video programming services. Since then, the FCC has clarified but always steadfastly defended those rules.  The FCC's Over-the-Air Reception Devices (OTARD) rules prohibit community associations and local governments from making any rule that (a) unreasonably delays or prevents installation, maintenance or use of certain antennas that receive video signals, (b) unreasonably increases the cost of their installation, maintenance or use, or (c) prevents . . . to read more of this article from Josh Rosenstein, Hanson Baker Ludlow Drumheller, P.S. click here.

The World According to "GAAP": What in the world is "GAAP?" You may have seen the term in the Washington State Condominium Act ("New Act") or in your Association's governing documents. In the accounting world, "GAAP" is foundational and refers to "Generally Accepted Accounting Principles." Contrary to popular belief, accounting is not always black and white; it involves professional judgment.  GAAP directs this discretion with a compilation of accounting principles that . . . to read more of this article from Catherine Kuhn, CPA, Cagianut & Company CPA click here.

 

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