Governance Matters

• Recap of 2021 & 2022 Statutory Changes

  • Notice

    • SSB5011 became effective July 25, 2021 and updated every common interest community statute in WA state

    • SB5034 will become effective January 1, 2022 and replace RCW 24.03 as RCW 24.03A (Nonprofit Corporations Act) - Summary

    • Getting notice right is incredibly important to ensure the decisions you make hold up to scrutiny.  In general, notice is required by USPS mail unless an owner has specifically consented to electronic delivery.  Updates to Notice became effective July 25, 2021.

• • Debt Collection & Foreclosure

    • HB1482 became effective May 10, 2021 and added new foreclosure protections.  While foreclosure is a last resort, it is sometimes an unfortunate reality.  If you have not updated your collection policy this year, you should consider a review and contact your legal counsel.

    • Example Collections Document

• • RCW 24.03 (WA Nonprofit Corporation Act)

    • View the full text of SB 5034 (becomes effective January 1, 2022) and a summary of changes on the governance page

• Did  you know there's a CAI Professional Manager Code of Ethics?

  • It's been around for years.  Does your current management company and association manager live up to the Code?  Here are 3 of 15 tenets:

• • • 3: Act in the best interests of the client; refrain from making inaccurate or misleading representations or statements; not knowingly misrepresent facts to benefit the Manager.

    • 4: Undertake only those engagements that they can reasonably expect to perform with professional competence

    • 5: Exercise due care and perform planning and supervision as specified in the written management agreement, job description or duly adopted Board policies.

• The Community Association Managers International Certification Board (CAMICB) also publishes a non-nonsense code of ethics.  CMCA's shall:

  • ​Be knowledgeable, act, and encourage clients to act in accordance with any and all federal, state, and local laws applicable to community association management and operations.

  • Be knowledgeable, comply and encourage clients to comply with the applicable governing documents, policies and procedures of the Client Association(s) to the extent permitted by that Client.

  • Not knowingly misrepresent materials facts, make inaccurate statements or act in any fraudulent manner while representing Client Association(s) or acting as a CMCA.

  • Not provide legal advice to Client Association(s) or any of its members, or otherwise engage in the unlicensed practice of law.

  • Promptly disclose to Client Association(s) any actual or potential conflicts of interest that may involve the manager.

  • Refuse to accept any form of gratuity or other remuneration from individuals or companies that could be viewed as an improper inducement to influence the manager.

  • Participate in continuing professional education and satisfy all requirements to maintain the CMCA.

  • Act in a manner consistent with his/her fiduciary duty.

  • Conduct themselves in a professional manner at all times when acting in the scope of their employment ​in accordance with local, state and federal laws.

  • Recognize the original records, files and books held by the manager are the property of the Client Associations to be returned to the Client at the end of the manager's engagement and maintain the duty of confidentiality to all current and former clients.