[WSBARP] Casey v. Sudden Valley

Thu Oct 26 10:43:19 PDT 2017

Thanks for that correction. Certainly, condos are different and subject to a
specific statute. I was only referring to 64.38 HOAs. Sorry for not pointing
that out. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, October 26, 2017 10:23 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Casey v. Sudden Valley

However with respect to condo HOAs which are not governed by RCW64.38  the
budget must include what the assessment must be and approved or rejected
pursuant to RCW63.34.308. RCW64.34.360 by my reading states that assessments
made by the association must be based on the budget adopted by the
association.

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, October 26, 2017 9:44 AM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Casey v. Sudden Valley

I think I just figured something out that has been bothering me for years.
RCW 64.38.025(3) says how budgets are to be adopted by the Board, and then
submitted to the membership for ratification; and the members ratify unless
a majority of the total votes rejects it. I, along with others, assumed,
based on what I still think are compelling reasons, that "budget" meant
income and assessments as well as spending. But Sudden Valley v. Casey said
that budget only refers to expenditures. I thought, and still think, this is
absolutely wrong - one of the central purposes of the statute was to make
sure that members got a right to vote on assessments, and it came about in
part because of complaints from members that Boards were just passing
assessments without member input.

But what I was overlooking was that the result was, the budget for
assessments, since it is not in the statutory process, comes from whatever
the individual association bylaws say. So, when the bylaws say the Board
imposes an assessment, then the Board imposes the assessment. The problem is
shrunk to those associations that have governing documents that specify more
difficult processes. And if there is nothing in the governing documents,
well, then, the nonprofit statutes, 24.03 and 24.06; and the HOA Act; and
most governing documents; say that the Board acts for the association. So
the Board sets assessments. 

If this helps anyone, great. If I am wrong, please tell me. 

Rob 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

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