[WSBARP] HOA Gurus

[Douglas W. Scott]

I would agree that the one lot that is current in dues still gets one vote and well as to use the facilities.  Depriving a member of their rights and entitlements should be clear and irrefutable. There are other remedies for non-payment of dues that the Board can impose.

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, August 23, 2016 9:09 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA Gurus

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.

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