Washington State RCWs

I own a condo in Washington State. The association was formed in 1977. I have in my documents that the association incorporated in order to adopt the Horizontal Propery Regimes Act. I do not know if we are covered by the Washington State Condominium Act, because even though we were formed before 1990, we still file as a nonprofit corporation. So my question are 1. How can I find out if we are under the Washinton State Condominium Act? 2. If there are conflicting rules, what takes precedence our CC&Rs, The Horizontal Property Regimes Act or if applicable the Washington State Condominium Act? 3. If our board and current property manager do not follow the rules of our CC&Rs that are also covered by the State RCWs, which are state laws, who would I need to contact to get these laws enforced? Any information would be appreciated. Thanks Helen

Hi Helen:

From what I've seen, most HOA's are organized as non-profit corporations; it has to do with tax filing status more than anything else.

Your state law may over-rule some of the provisions of your CC&R's, and/or fill in gaps where the CC&R's are silent. Best to check with an HOA attorney on anything you don't feel is right. They can tell you if/where/how the Washington State Condo Act applies. There may be some Condo Act provisions that don't apply if your HOA already has some provisions in place.

J. Patrick Moore, CMCA