Whalers Cove Condominium Documents a Primer DECLARATION BYLAWS RULES & REGULATIONS FEBRUARY 2009 1
What are "condo docs"? "Condo docs", also known as condominium documents, are the legal documents that govern the operation of a condominium. http://www.condolivingtoday.com/condos101p1.html Condominium documents include: Declaration: requires Whalers Cove Condo to follow the provisions of the Washington Horizontal Property Regimes Act (RCW Chapter 64.32) By-Laws: Administrative procedures to be followed by the Association s Board, committees and Resident Manager Rules & Regulations: approved by the Association to state the obligations of owners/tenants/guests in maintaining property values, safety, and quality of life, along with the enforcement mechanisms. By-Laws and Rules/Regulations should be consistent with each other and with the Declaration In case of discrepancies, the Declaration prevails FEBRUARY 2009 2
What is the Declaration? Declaration is a shortened name for the official document required by Washington law (RCW Chapter 64.32); its full title is: Declaration of Covenants, Conditions, Restrictions, and Reservations The Declaration begins by legally describing the condo property including Boundaries of each unit and its percentage of ownership Common areas, plat maps and other legal data Some important Sections of the Declaration include Section 3 - Occupancy & Use: Covenants, Conditions, & Restrictions (CCR) Section 4 - Compliance: Bylaws and Rules & Regulations; enforcement Section 5 - Maintenance & Alterations: uniform exterior appearance, remodeling of units Section 6 - Owners Association: voting, Bylaws, Board of Directors, Manager, authority Section 7 - Common Expenses: budget, assessments, monthly fees (dues), enforcement Section 9 - Association Accounts & Records: bank accounts, financial statements, audits Section 10 - Insurance: fire insurance plus extended coverage to get as near as practical to full replacement value; unit owners additional insurance Section 11 Damage or Destruction/Repair and Reconstruction Section 19 - Dispute Resolution: binding arbitration FEBRUARY 2009 3
What are the By-Laws? The By-Laws define how the Association, its Board of Directors, and its Resident Manager are to administratively conduct business. They describe the powers and duties of the Board of Directors, election procedures, management responsibilities, insurance requirements, financial policies, etc. By-Laws are organized by Articles instead of Sections Some important Articles of the By-Laws include: Articles II through VI: how the Association and its Board administer their duties Article VII: How committees and Resident Manager operate Article VIII: Obligations of unit owners Article IX: Construction guidelines for projects over $25,000 Articles X and XI: Handling of funds; Keeping of records & reports FEBRUARY 2009 4
What are the Rules & Regulations? Rules & Regulations are approved by the Association of owners to state the obligations of owners/tenants in maintaining property values, safety and quality of life, along with the enforcement mechanisms. Some important Sections include Section 2: Conduct of owners/tenants/guests in all locations, inside or outside Sections 3 & 4: Conduct, cleaning and maintenance in common areas; Usage and appearance of decks and windows Section 5: Parking and Garages Sections 7 & 8: Pets; Trash & Recycling Section 10: Remodeling of interiors- process for approval; scope of work allowed (i.e.: no structural changes and the need to maintain a uniform exterior appearance); non-disturbance; schedule requirements; liabilities, etc. Section 13: Renting and Leasing Sections 14 & 16: Complaint process; Enforcement process Sections 17 & 18: Dues, assessments; Late charges, fees FEBRUARY 2009 5
One more doc (fyi): The Condominium Resale Certificate A resale certificate is an information package given to the buyer of a resale condo to help the buyer make a more informed decision about whether or not to purchase. It includes: 1. Financial data, including the budget, reserve fund, monthly condo fees or dues, special assessments planned, insurance coverage, any monies owed by the seller. 2. Physical condition, including schedule of current and longterm capital improvements anticipated. 3. Information on any legal issues, including lawsuits, judgments, covenant or building code violations, occupancy limitations. 4. A copy of the association's Declaration, By-Laws, and Rules & Regulations. States that mandate Resale Certificates generally require that they be provided to the buyer within a specific number of days following the ratification of a purchase contract with the seller. The resale certificate is usually prepared by the Board or the project manager. http://dor.wa.gov/docs/forms/excstx/exmptfrm/resalecertificate_e.pdf FEBRUARY 2009 6
Exhibits (the following 3 charts show what the front pages of the Condo Docs look like) FEBRUARY 2009 7
Front page - Declaration FEBRUARY 2009 8
Contents page - By-Laws FEBRUARY 2009 9
Front page Rules & Regulations FEBRUARY 2009 10