[WSBARP] [SPAM] HOA ?

Fri Mar 14 13:04:57 PDT 2014

RCW 64.38 does apply. Good luck on suing someone for reporting a violation
of the law though. All members of the HOA have access to the common areas
and have a right to invite anyone they want to visit them. It is unlikely
in my experience that the HOA will be fined if it cleans up the swales.
But this points out a good reason for the association to incorporate and
get insurance for any risks it has. Otherwise, the individual members will
be liable for any damages caused by the association’s actions or inaction.

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Spencer Stromberg
Sent: Friday, March 14, 2014 12:57 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] [SPAM] HOA ?

I think Ron is right to start with RCW 64.38. I think your HOA is governed
by that chapter even if the bylaws don't specifically mention it. Here is
the definition from RCW 64.38.010:  

 (11) "Homeowners' association" or "association" means a corporation,
unincorporated association, or other legal entity, each member of which is
an owner of residential real property located within the association's
jurisdiction, as described in the governing documents, and by virtue of
membership or ownership of property is obligated to pay real property
taxes, insurance premiums, maintenance costs, or for improvement of real
property other than that which is owned by the member. "Homeowners'
association" does not mean an association created under chapter 64.32 or
64.34 RCW.

Even an unincorporated association is subject to 64.38., brought in by
virtue of its function and membership, rather than by adopting the statute
or being formed under it in some way.

Spencer A. W. Stromberg

Sullivan Stromberg, PLLC

827 W. 1st Avenue, Suite 425

Spokane, WA 99201-3914

509.413.1004

509.413.1078 Fax

www.sullivanstromberg.com

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On Fri, Mar 14, 2014 at 12:31 PM, Ron Housh <ron at housh.org> wrote:

Justin

The starting point would be RCW Chapter 64.38.

Ron

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

Ronald G. Housh, P.S.

Attorney at Law

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  360-445-3327

Email:    <mailto:ron at housh.org> ron at housh.org

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Justin Monro
Sent: Friday, March 14, 2014 12:22 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] [SPAM] HOA ?

Listmates:

I don’t do any HOA law.

But, my question is. I live in a HOA community, 86 lots with about 200
acres of land we own within the HOA including 3 bio swales.

We had our yearly meeting this week. I have previously been on the board
not any longer.

People keep stating at this meeting that the RCW’s control our HOA, that
we need an outside financial auditor to audit the books, its controlled
under RCW etc. etc.? I was thinking how can that be when we have a
contractual agreement agreeing to how the HOA is operated in the CCR’s
that are recorded? 

Also, unbeknownst to our board at this meeting a member of the community
became very clever by inviting the county conservation government to
inspect our bios wales. However, I asked where the report is, member said
there is no report.  The member went on to say that all of us will be
fined for improper maintenance, not deep enough, pollution, etc. etc.  I
have a real problem with a member inviting government officials into my
community w/o any notice.

What legal basis would any one of us have against this member for opening
the door by allowing the gov’t to come into our properties inspect the bio
swale and then fine us? Furthermore, we have never been complained upon
about our bios wales, so what is the duty owed to the county?

Thoughts about this?

Sincerely,

Justin K. Monro

Attorney at Law

The Monro Law Firm P.S. Inc.

1830 Bickford Ave. Ste 204

Snohomish, WA 98290

P:360.863.3728

F:360.863.3985

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