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

nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
How to tell your office you're gravely ill
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment

- 'The Road' takes Viggo Mortensen to Mount St. Helens and Astoria, Ore.
- Tugboat sinks at Seattle waterfront pier
- Child-support error costs nearly $21,000
- Craigslist adoption ad: A plea by young mother-to-be? A scam?
- Chase shrugs off loss of CD investors
- Vikings easily beat the Seahawks
- Denny Triangle gains skyline, but tenants slow to come
- Snow piles up on Cascade slopes
- Woman stabbed by stranger in North Seattle
- Husky Men's Basketball Blog | Saturday's Pac-10 games in review
- Senate vote clears hurdle
239 - Vikings easily beat the Seahawks
137 - Child-support error costs nearly $21,000
129 - Palin excitement builds in Tri-Cities
124 - Tight Senate vote launches health care over hurdle
123 - Cutting through breast-cancer confusion
90 - Historic health care bill clears Senate hurdle
89 - Game thread
70 - New York terror trials will restore faith in rule of law
65 - Chase shrugs off loss of CD investors
54
- 'The Road' takes Viggo Mortensen to Mount St. Helens and Astoria, Ore.
- Child-support error costs nearly $21,000
- It's possible to recover a life lost to hoarding
- Washington state wines make annual best-of list
- Banff: powder, peaks & purity
- Chase shrugs off loss of CD investors
- Protect yourself from baggage loss
- Rediscovering Moab, 'the most beautiful place on Earth'
- Denny Triangle gains skyline, but tenants slow to come
- Northwest Living | On Whidbey, a unified home from multiple recycled parts

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 |







