These are some excerpts from the letter written by the attorney for the Kenthill Townhomes Homeowners Association which was sent to all the homeowners on March 22, 2005.
Kenthill Townhomes Condominium Association
Kent, Washington
Re: Response to questions of concern to owners
Dear Ladies and Gentlemen:
This is in response to your request that we answer and respond in writing to legal issues that have been raised as concerns by certain residents. Your questions and our responses follow below.
First Item: Did the special assessment for painting the exterior of the buildings need to be put to a vote of the owners for prior approval?
The answer to this question would be no. This is based on an interpretation of Declaration Section 16.
Second item: Did the decision to repair the damage caused by the fire need to be put to a vote of the owners for prior approval?
The answer to this question would be no for the same reasons as discussed above.
Third item: Does the Board have the authority to change the House Rules?
The answer to this question is no. Declaration Section 10.04 gives the “Association” the power to create, change and amend rules and regulations. Section 10.01 defines the Association to be “[a]ll apartment owners.”
Fourth item: Does the Board have the authority to raise dues without owner approval?
The answer to this question would be yes. Kenthill is not a “New Act” condominium and is therefore not subject to the budget approval requirements of the new condominium Act that went into effect for all condominiums created on or after July 1, 1990.
Fifth item: Can the Board impose additional late charges above the $10 stated in Declaration Section 11.02?
The answer to this question would be no. The Declaration is the fundamental governing document of the Association. The Board is not free to modify or deviate from its requirements.
Thank you for giving us the opportunity to have been of service.
Very truly yours,
Sundberg Law Office
