[WSBARP] [SPAM] HOA ?

Fri Mar 14 15:31:53 PDT 2014

Thank you—good to know.

Gari Goodman

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Michael Simon
Sent: Friday, March 14, 2014 2:05 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: RE: [WSBARP] [SPAM] HOA ?

Actually, an HOA is different than a condo association. Pre July 1, 1990
condos are governed by 64.32, except section of 64.34.010 makes sections
of 64.34 applicable to the earlier condos. RCW 64.34 applies to condos
created after July 1, 1990.  Homeowners associations are governed by
64.38.

I’m not sure what you mean by the board is defining owner by the sq ft of
a “unit.” You’re confusing the terms of a condo and a lot in an HOA. A
unit in 64.34 is a condo unit (It is an apartment in 64.32). There are
none in an HOA. I assume you mean that the board is trying to allocate
voting percentages by lot size. If this method can be seen as  reasonable,
then it might work. RCW 64.38.040, Quorum for meeting, requires that 34%
of the votes to which the votes of the association are allocated be
present to constitute a quorum. If the votes are allocated, then the HOA
must have a means to allocate them. Lot size may work. This is different
than being an owner, which is defined by the statute. But being an owner
doesn’t tell you what your voting percentage is.  So the 2 concepts are
different. 

As for educational materials, your HOA may consider becoming a member of
the Washington Community Association Institute which has regular seminars
and is linked to the national CAI which has a library of community
educational materials.

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Gari Goodman
Sent: Friday, March 14, 2014 1:08 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] [SPAM] HOA ?

Listmates:

I am brand new to this section and list serve. 

I too have limited knowledge of “Condo Law” and specifically the rights
and limitations of the HOA and its Board.

I do know however that if the HOA was created prior to 1990 then for the
most part the applicable law is RCW 64.32—the Horizontal Regimes Act.

I also live in an HOA community and was recently elected to the Board as
an at-large member. [I am not providing legal advice to them; rather would
like to educate myself sufficiently to raise issues that the Board might
want to seek the opinion of outside counsel].

The Board is currently trying to put a rental cap in place without any
hardship exemptions and is currently defining an  “owner”  for purposes of
voting,  by the sq footage of each unit-- in direct conflict with the
statute’s definition of an “owner”. 

They did this by simply defining an “owner” in the Declarations as they
saw fit. 

It is my understanding that any of the HOA governing documents must first
and foremost comply with the applicable statute. I would appreciate
knowing if this assumption is incorrect.

Also, I  have two requests:

Please post any condo/HOA  law responses to the list serve, and aside from
the statutes, 

I would appreciate it if anyone knows of any recent CLE or other materials
that might summarize recent case law, etc.  

[I do have a copy of the Condominium Law Group’s lengthy and but very
helpful handbook which is available on line. ] 

Thank you.

Gari W. Goodman

Law Office of Gari W. Goodman, Inc. PS

901 S. Third St.

Renton, WA 98057

425-226-4900

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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All opinions and comments in this message represent the views of the
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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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