[WSBARP] HOA Use of Funds Re Non Association Property

Mon May 20 14:24:03 PDT 2019

I believe there may have been a similar recent post to the following.

Wondering if anyone has knowledge of a Homeowner Association using
association funds to address/challenge activities - possibly via litigation
- on non-Association property?  

In my case the Association parcels are on or near a lake - some waterfront
homes; most are not.  This may be similar to what I recall may have occurred
at Lake Tapps years ago.  

There may be some government directed water level reductions that will
negatively impact the HOA members - property values, use and enjoyment of
the lake, etc.  Client is asking if I am aware of litigation in WA where
Associations have used association funds to investigate and possibly
litigate in seeking to protect Association property by challenging action
relating to non- association property.

One of the concerns is potential challenge by an association member arguing
that the Board objective is to disproportionately benefit some owners versus
others, e.g. waterfront homes versus smaller homes far from the lake with
owners who do not use the lake which again though an amenity to the
neighborhood it is not association property.

Was there litigation by any HOA's over the Lake Tapps situation?  Any other
examples of known similar litigation?  Thanks,  

Ron 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

Ronald G. Housh, P.S.

Attorney at Law

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

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