[WSBARP] HOA fine administration and grandfathering

[Josh Grant]

I represent an HOA which has levied a fine that is being questioned.

Violation is for failing to complete structure within 24 months of its commencement.

Building started 4/2015.

Fine policy was adopted 3/2016. Objecting homebuilder was on the board and voted for it.



This seems similar to a building permit that a city grants and the fact that the building code that applies is its version as of the date the permit is granted.



Objector says “I started before the fine procedure was set up so I am grandfathered in and I can’t be fined.”



The facts would show that the project was completed well after 2 years even after the fine procedures were adopted, so Board wonders if, even though the building was commenced before that adoption date, that the 2 year requirement could be enforced after the 2 years from date of adoption.



What say you?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578
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