Home Forum Extra
Seattle Times business reporter Elizabeth Rhodes posts the answers to your real estate questions as they pop up during the week. Join this ongoing discussion, which also features reader reaction to real-estate articles appearing throughout The Times.
Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111
* Sorry, no personal replies.
October 10, 2008 7:00 AM
Understanding new condo reserve study requirements
Posted by Elizabeth Rhodes
Q: Our condominium association is struggling to understand the new law requiring us to have a professional reserve study. With the exception of financial hardship, is it mandatory we have this study? Are there other exceptions, perhaps related to the number of units or age of the building?
Can we forgo a study if we have our accountant certify our reserves are sufficient to meet expenses? And if we don't have a reserve study done, does this open our association to liability if an owner decides to claim it impairs the marketability of his unit?
A: In effect since June, this law requires Washington's condominium associations to prepare and periodically update a financial-wellness check called a reserve study.
The study must be done by a professional, who estimates the remaining useful life of the physical structure and components and calculates how much money will be needed for their maintenance and replacement. An accountant wouldn't be qualified to do this inspection and analysis.
Kirkland attorney Brian McLean played a role in drafting this law. He says it doesn't contain specific language allowing condos of a certain size or age to opt out of doing a reserve study. Rather, the law states than that "an association can excuse itself from obtaining a current reserve study if doing so poses an 'unreasonable hardship,' which is more than just a financial hardship," McLean explains.
Just what constitutes "unreasonable" is up to the condo board to decide, he adds.
An association that decides against a study must tell prospective buyers there is none and the lack of one may pose a financial risk to them.
McLean says the way the law is written doesn't really lend itself to a liability claim from an owner upset by the lack of a study. Instead, the law says an association without one must undertake one if at least 20 percent of the association's homeowners officially request it. That solves the problem of no study.
Oct 23, 08 - 08:00 AM
Homeowner lacks big down payment
Oct 22, 08 - 08:00 AM
Mold, broken dishwasher vex tenant
Oct 16, 08 - 08:00 AM
Who pays homeowners association special assessment?
Oct 15, 08 - 08:00 AM
Predicting the mortgage crisis
Oct 10, 08 - 04:00 PM
Wandering tree roots disturb sidewalk, threaten sewer line

shopping

events for Sunday, Jul. 5th
- Emery's Garden Pink Flamingo Sale
- Kuhlman Summer Sale
- Seattle Premium Outlets July 4th Summ...
- Pink Ginger First Anniversary Sale
editors' picks
More shopping guides
- Plasma and LCD beware; OLED screens ready to go mainstream
- Former NFL MVP McNair killed
- Palin takes to Web for hints of political future
- Russell Branyan, Mariners fight off the Red Sox
- Fourth of July festivals and fireworks in Seattle, the suburbs and beyond
- The Blotter | Man pistol-whipped after argument at nightclub
- Desert-lobster dispute turns pair into sagebrush heroes
- Close-up | Prison guards intercept carrier pigeon with a cellphone
- Woman accuses Sounders FC player Nate Jaqua of sexual assault, seeks more than $10 million
- Rob Johnson's double in 11th powers Mariners past Red Sox, 7-6
- Palin resigning as Alaska governor
762 - Seattle Mariners at Boston Red Sox: 07/04 game thread
244 - Reports: NKorean missile arrives at launch site
100 - Palin's Declaration of Independence
75 - Hatred for the NBA runs deep, but don't take it out on the players
73 - Former NFL MVP McNair killed
71 - Mariners score unlikely win over Red Sox in battle of bullpens
58 - Palin links resignation to 'higher calling' and blasts media in Facebook posting
51 - Man pistol-whipped after argument at nightclub
43 - Tukwila residents rally against light-rail noise
37
- Plasma and LCD beware; OLED screens ready to go mainstream
- Merchant Marine veterans fight for recognition
- Property taxes: Appeals shoot up in King, Snohomish Counties
- Close-up | Prison guards intercept carrier pigeon with a cellphone
- Pre-grill drill: marinate steaks
- Lake Washington's sockeye run may hit a record low
- Amtrak cleared for 2nd daily train to Vancouver, B.C.
- Concert Review | Green Day blasts off 4th weekend with KeyArena show
- Hard times for tourist towns means good deals for travelers
- Yakima teacher reprimanded for sending 5-year-old student home with bag of feces in backpack

February
| Sun | Mon | Tue | Wed | Thu | Fri | Sat |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| 22 | 23 | 24 | 25 | 26 | 27 | 28 |



