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Ninth Circuit Legal Decision Affects All West Coast Community Associations re: Assessments

Jul 17, 2018

Ninth Circuit Legal Decision Affects All West Coast Community Associations re: Assessments

Last week, the 9th Circuit Court of Appeals issued an opinion that will impact condominium and homeowners who file for bankruptcy. In essence, the law has changed such that it will be more difficult to collect assessments under a certain type of bankruptcy. Furthermore, there will be new burdens on management companies, attorneys, and debt collectors to assure that associations do not attempt to collect future assessments when an owner has obtained a discharge in a Chapter 13

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Links to Useful Resources

EDUCATION AND ADVOCACY

Community Associations Institute, Washington State Chapter

Community Association Institute, National

OTHER RESOURCES

HUD Search Engine for FHA Approved Condominiums

WASHINGTON LAWS

Condominium Act, RCW 64.34 (New Act)

Horizontal Property Regimes Act, RCW 64.32 (Old Act)

Homeowners Association Act, RCW 64.38

Nonprofit Corporation Act, RCW 24.03

Nonprofit Miscellaneou s Mutual Corporations Act, RCW 24.06

Residential Landlord-Tenant Act, RCW 59.18