Legislative Update Kathryn Hedrick Legislative Session Produces No Changes for Community Associations
The Washington State Legislature convened its 60-day session on January 11. Following the longest legislative session in state history last year, sentiment across the board from lawmakers was to keep focused on issues that must be addressed and end on time.
Several proposals that have a direct impact on community associations were introduced; however, none of the proposals garnered enough momentum to pass this year. One measure in particular that the WSCAI Legislative Action Committee has been working with lawmakers and stakeholders on for many years now, the Washington Uniform Common Interest Ownership Act (WCIOA), failed to receive a public hearing. WCIOA seeks to merge the Washington Homeowner Association Act and Condominium Act, providing much needed clarity to owners and associations throughout the state. Unfortunately, given the short timeframe of the legislative session and lack of full support from all stakeholders for the 134-page proposal, the bill died. Legislators have pledged to continue to work on WCIOA and the laws that govern community associations with hopes to revisit some version of the proposal in 2017. WSCAI LAC will continue to be at the table with legislators and stakeholders in an effort to find a compromise so that current and future community associations will have clarity and direction going forward.
Other proposed legislation that failed to pass the legislature, but will likely return in the future:
House Bill 2423
Creating an Office of the Homeowners’ Association Ombuds As the title describes, this bill would have established an HOA Ombuds office within the Attorney General’s Office. The office would be funded by levying an annual fee on every HOA in the state.
While the goal is laudable, WSCAI LAC voiced opposition to the legislation citing concerns that have come from other states with similar programs in place where the costs far outweigh the benefits. Understanding some HOAs are faced with conflicts between owners and boards, WSCAI believes the adoption of a uniform act, more disclosure and transparency prior to purchase, and other modifications to the laws governing HOAs would be more helpful to owners and boards.
House Bill 2395
Condominium Conversion Fee to Support Affordable Housing This proposal would have allowed any city or town to establish and impose a fee on the recording of a declaration of a condominium conversion. The money collected from the fee would be deposited in a fund established by the city or town for affordable housing development.
Senate Bill 6616 Concerning Reserve Studies and Special Assessments for Homeowners’ Associations
As originally introduced, this bill would have restricted special assessments to be used for only for the purpose disclosed at the time of imposition, or before imposition of the special assessment for items noted in a reserve study. In addition, the proposal would require the board of directors to obtain three competing bids before hiring a reserve study professional.
WSCAI LAC shared concerns with the bill as drafted and worked with the prime sponsor to address those concerns, but the bill never garnered the support necessary to be advanced.
—Kathryn Hedrick is the WSCAI lobbyist.
8 Community Associations Journal | April 2016
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