[WSBARP] HOA Gurus

[Mark Higgins]

Paul--I know nothing about HOAs or CC&Rs, but I see a different logic in
the words you used.  Seems to me this guy has no vote or usage of
facilities.  Ownership of lots determines numbers of votes, but owners
don't exercise the votes, members do.  I assume you have a member who owns
two lots, and therefore has two votes.  But, the Bylaws say nonpayment of
dues can cause a *member* to lose voting and usage rights.  So, is this
member delinquent in his dues?  Yes.  And, because he is delinquent in his
dues this *member* can lose voting and usage rights.

Mark

On Tue, Aug 23, 2016 at 9:08 AM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> 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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-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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