[WSBARP] CC&R

[nestor at pplsweb.com]

The issue I believe is that 100% approval by the owners is required to form an HOA since the developer failed to create an HOA in the CC&R’s.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, July 30, 2019 11:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] CC&R

 

Creating an HOA is easy – they can do it on the Washington Secretary of State website.  The Washington Nonprofit Corporation Act, Chapter 24.03 RCW, speaks to meetings and notice requirements.  It also speaks to incorporation, bylaws, board of directors, etc.  

 




Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

 

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From: <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > on behalf of "nestor at pplsweb.com <mailto:nestor at pplsweb.com> " <nestor at pplsweb.com <mailto:nestor at pplsweb.com> >
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Date: Tuesday, July 30, 2019 at 11:45 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] CC&R

 

 

A small townhouse community has CC&R’s set up by the developer, but no HOA formed or created under the CC&R for purposes of assessments and enforcement. When assessments need to be made for improvements etc. the CC&R calls for majority owners can approve. 

How can the owners call a meeting in the absence of an HOA with bylaws etc for meeting notices etc.

 

 

Nestor Gorfinkel, Attorney at Law 

Admitted to practice law in Washington & Florida 

Florida Civil-Law (International) Notary

Puget Property Legal Services

2018 156 Ave NE

Bellevue, WA 98007

Tel. (425) 961-0519

Fax. (888) 522-3601

 

 

 

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