[WSBARP] Imputed Knowledge of HOA Violation

[Paul Neumiller]

Listmates: I hope someone can point me in the right direction because my
research has been coming up empty.   Say:

 

1.       HOA (RCW Chapter 64.38)  CC&Rs prohibit clotheslines.  

2.       A member of the HOA bd of directors helps neighbor install a
clothesline five years ago in backyard.  

3.       Bd. member is now off of the Bd. but has a fight with neighbor AND
turns neighbor in to BD and lodges a complaint to the BD citing the
neighbor's clothesline. 

4.       HOA sends violating neighbor a letter of violation and opportunity
to be heard in accordance with a duly approved schedule of increasing fines.

5.       Neighbor has now lawyered up and shows a willingness to fight HOA
over the clothesline issue.  Assume that the other Bd. members were never
aware of the clothesline but the bd. of directors wants to prohibit the
clothesline now that they are aware of the presence of the clothesline. 

 

For now, I am focusing on one issue:  Is knowledge of the clothesline by a
single bd. Member (who did not report his activities to the board but was
actually in charge of CC&RS enforcement for the HOA) imputed to be knowledge
by the entire board?  Violating neighbor is arguing laches, waive and
estoppel.  None of the other board members were aware of the clothesline. 

 

Any case law out there?

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