From an earlier thread by the OP, this is a roughly 100 lot HOA.
Quote:
Posted By PatriciaC14 on 11/21/2021 6:18 PM
Our HOA has CC&R's which have a County Recorder's registration dated 2001. They show up on my Title Report. However, the HOA website has updated versions with no County Recording from 2015 and 2020. Neither of these, on the HOA website, appear to be signed by the Trustees, or recorded at the County. They do not show up on my Title Report, either. The HOA people refer to the 2015 and 2020 updates as the current CC&R's. Can they enforce the provisions of the updated versions? If not, how do they bring the CC&R's into compliance? Thank you.
From looking at the HOA statutes for Washington, I think you have to ask an attorney. In preparation for any meeting you have with an attorney, I suggest considering the following:
-- Are there any signs that owners voted to make the HOA subject to the Washington Uniform Common Interest Community Act (WUCIOA) which became effective on July 1, 2018? If so, this is good. The WUCIOA requires that amendments be recorded before they are effective. For help determining whether there was an owners' vote to make the HOA subject to WUCIOA, see https://www.carmichaelclark.com/news/is-your-community-a-wucioa-community/ and https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.095
-- Washington's older HOA statute does not have an express requirement for amendments to be recorded. However, case law in Washington might very well say that amendments to the Declaration must be recorded to be effective.
-- You can call the County Clerk and ask what they know about recording amendments to the Declaration.
-- When you bought your home, and before closing, did the seller disclose the 2015 and 2020 amendments? Did you sign anything acknowledging receipt of these amendments?
-- Is their documentation that the amendments were approved by a proper vote of owners, pursuant to the requirements for amending in the Declaration?
-- I do see sites like the following that say the amendments must be recorded to be valid.
-- It is possible that all the HOA has to do to make the 2015 and 2020 amendments valid is record them.
-- It is possible that some issues that would be violations under the recorded 2015 and 2020 amendments may be grandfathered in. I would rather not get into this now until a specific dispute is described, where application of the un-amended CC&R translates to no violation, but application of the amended (and presumably recorded) CC&R translates to a violation.