HOA CC&R fines

Started by JenniferK5 • 6 replies • 1285 views

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JenniferK5 (Washington)
Posts: 4

Posted:

My HOA has started assessing fines with repeated CC&R's and there is no provision for fines in our CC&R documents. When I questioned them I was told that the State of Washington has changed the RCW's concerning this. I can't find any proof of this nor can anyone else. HELP!!!

BrianB (California)
Posts: 2,820

Posted:

My advice:
Take a deep breath. Exhale.

Then, practice saying this age-old advice from a Missourian:

"I'm sorry, but can you show me that?"

Whenever someone tells me "Well, X says Y", my first inclination is "Okay, show me that, please. It's not that I don't believe you, I just process information better when I can literally see it."

In my non-HOA world, I cite statute every day, and I always provide it when I cite it. I always look it up, even those that I 'know by heart', because sometimes my heart is wrong on a word or two. So, I grab the book, look it up, copy/paste it, and show it.

If the person telling you "we can do this!" Or "we can't do that" can't show you where that authority comes from (chapter and verse, literally), then keep asking the question: "I'm sorry, but can you show me that?"

JenniferK5 (Washington)
Posts: 4

Posted:

The board has even gone so far as to ammend the CC&R's "for clarification" without a vote of the homeowners and are sending out violation notices on the "new" items. For example...my renter had a chair on the front porch. He was sent a violation notice because it was not approved patio furniture! Iam so fed up!

BobD4 (up north)
Posts: 1,002

Posted:

There are some excellent commenters from Washington.

Until then you might take a look at :

(Title 64) Chapter 64.38 RCW HOMEOWNERS' ASSOCIATIONS http://app.leg.wa.gov/RCW/default.aspx?cite=64.38.020
RCW 64.38.020 Association powers . . . . (11) or

Chapter 64.34 RCW CONDOMINIUM ACT http://apps.leg.wa.gov/rcw/default.aspx?cite=64.34

Article 3 RCW 64.34.304 Unit owners' association—Powers. . . . . (k)

JenniferK5 (Washington)
Posts: 4

Posted:

Thank you! The fines make some sense now. As for the changes to the CC&R's I will keep investigating! I appreciate your input!

PitA
Posts: 1,416

Posted:

Do not confuse the CCRs with Rules and Regulations.

The CCRs may give the BOD the authority to make certain rules and regs

but

the procedure for amending the CCRs themselves will be spelled out within said CCRs.

? Do you have a certified copy of the Covenants and Restrictions actually on file with your Register of Deeds ?

If not, get a copy ASAP.

Read it CAREFULLY and THOROUGHLY.

again

again

now: READ IT AGAIN

Now get a copy of the ByLaws which govern the incorporated ASSOCIATIN.

same reading rules

? still have questions ?

JenniferK5 (Washington)
Posts: 4

Posted:

As far as I can tell (I was at one time on the Homeowners Board) they need to have a vote of the homeowners to amend the CC&R's but they seem to have done so without the vote. The reasoning that I got from the secretary was that they went back to the original deed filed by the developer and with some of the wording being different than what was published they were able to interpret it differently and therefore change things. Is that what you are referring to? If so, where do I obtain a copy of that?

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