[WSBARP] HOA Gurus

[Paul Neumiller]

Hey!!  Any law (or experience) out there on whether being delinquent on one
lot stops the owner of multiple lots from voting and use of facilities.  

 

I have a long established subdivision (RCW 24.03) with old stripped down
CC&Rs.  The CC&Rs and the Bylaws state that voting power means "that each
owner shall be entitled to one vote for each lot owned."  The recorded
Bylaws also state that "Nonpayment of dues may, ..., subject the member to
both loss of voting privileges and use of the recreational facilities for as
long as such indebtedness continues." 

 

So, an owner owns two lots but is delinquent on only one lot.  Is the owner
still entitled to vote for the one lot that is current in dues and still
allowed to swim in the HOA's pool?

 

It is galling to the HOA that an owner who is delinquent for one parcel is
still able to vote and swim just because the same owner owns another lot
that is current on dues.  But I am willing to tell the HOA that it is
unclear unless clarifying language is adopted and the most conservative
approach is that the owner may vote for the current lot.  All thoughts are
welcome.  

 



 

IMPORTANT NOTICE:  This e-mail message is intended to be received only by
persons entitled to receive the confidential information it may contain.
E-mail messages to clients of Paul A. Neumiller presumptively contain
information that is confidential and legally privileged; e-mail messages to
non-clients are normally confidential and may also be legally privileged.
Please do not read, copy, forward or store this message unless you are the
intended recipient of it. If you have received this message in error, please
forward it back to the sender and delete it completely from your computer
system.

E-mail communication on the Internet may NOT be secure. There is a risk that
this confidential communication may be intercepted illegally. There may also
be a risk of waiving attorney-client and/or work-product privileges that may
attach to this communication. DO NOT forward this message to a third party.
If you have any questions regarding this notice, please contact the sender.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160823/488601c6/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 16924 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160823/488601c6/image001.jpg>