[WSBARP] HOA Gurus and Opportunity to be Heard

Tue Mar 31 09:21:52 PDT 2020

Thanks Inge, that is also my reading of the statute but I wanted to bounce it off of the hivemind first.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, March 31, 2020 12:33 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Gurus and Opportunity to be Heard

I read it to say that HOA’s can impose late fees without an opportunity to be heard, but that fines (i.e. for bbq on deck, uncut lawn, and so on) require notice and an opportunity to be heard. That’s how I’ve seen it enforced by many associations. Just my two cents.
Inge A. Fordham
Fordham Law, PLLC
3218 Sixth Avenue
Tacoma, WA 98406
(253) 348-2657

On Mar 30, 2020, at 5:08 PM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:

Being from the mid-1960s, these CC&Rs are blissfully short.

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IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: Monday, March 30, 2020 4:43 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] HOA Gurus and Opportunity to be Heard

In almost all the HOAs I have dealt with the late charge and default interest is either spelled out in the CC and Rs or in the bylaws.. If in neither then the bd of HOA could pass a resolution providing for a late charge and or default interest. The only notice to members has to do with the fine schedule and due process provisions  dealing with fines (Doesn’t have to be approved by the members) and after that notice is given after adoption by the Board then HOA must follow its due process provisions for fines only

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Monday, March 30, 2020 4:24 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA Gurus and Opportunity to be Heard

So, RCW 64.38.020(11) says that a HOA may "Impose and collect charges for late payments of assessments AND, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association."

So, does this mean a HOA may collect charges for late payments with no other requirements or does the language above mean that a HOA may collect charges for late payments but HAS TO give the debtor and opportunity to be heard?    One interpretation is that a HOA may impose charges for late assessments AND IF the HOA wants to ALSO levy fines for violations of bylaw, rules, and regulations, then the HOA must give the debtor “an opportunity to be heard.”  In other words, it is proper/legal under this section if an HOA says “Look, homeowner/debtor, we charge $25 a year for dues, please don’t request a hearing and waste our time.

(OK people. This is a legal inquiry.  Please don’t flame/flog me as an insensitive clod.  I know these are neighbors.  I know everyone has a sad story.  I have heard of Covid-19.  I know a plate of warm chocolate-chip cookies might get the bill paid.  I am only asking IF the HOA has the power to impose the late fees without having to go through the “opportunity to be heard” process.)

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