[WSBARP] Homeowner's Associations - Does RCW 42.56 Apply

[scott at scottgthomaslaw.com]

I don't think that was the intent.  A quasi-municipal corp has one or more
elements of the force and power of government, such as the police power or
taxation.  See chapter 35.58 RCW.  See also Columbia Irrigation Dist. V.
Benton County, 149 Wash. 234 (1928) (Irrigation district is not a municipal
corporation, but at most is a "quasi-municipal" corporation.)  The
legislature has been unclear over time with regard to categorization of
government entities, and so there are some 60 different types of general
purpose and special purpose municipalities in Washington, from cities and
counties to mosquito control districts, to public corporations such as the
Pike Place Market PDA.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, March 18, 2021 9:27 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Homeowner's Associations - Does RCW 42.56 Apply

 

Listmates,

 

HOA's record retention and disclosures are governed by RCW 64.38.045.  A
question was raised whether RCW 42.56.001 et.al., the Public Records Act,
also applies.  RCW 42.56.010(10 defines "Agency" to include "quasi-municipal
corporation, or special purpose district . . . board, . . . or other local
public agency."  I can't imagine the legislature intended to capture private
HOA's, or even condo associations, under this law with its onerous
provisions, but I don't know.  Have any of you run into this problem?

 

Jeff Davis

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