How to Read a Statute

In a different thread, CathyA3 wrote the following:


It's been over 10 years since I first posted a thread on how to read and interpret statutes (laws). I thought it would be a good idea to bring it up again.

First and foremost, if your Association is involved in existing or pending legal action, spend the funds and seek legal advise and/or representation.

I've provided the following to assist (in no particular order):

Nolo Press, How to read a Statute

How to read a Judicial Opinion: A guide for New Law Students

1
A GUIDE TO READING, INTERPRETING AND APPLYING STATUTES From Georgetown University Law Center

Statutory Interpretation: General Principles and Recent Trends From the Congressional Research Service

Wikipedia Statutory interpretation

I will also add a post from the earlier thread. It's from MaryA1, who is missed:

Part 1, Identifying the HOA/COA Statutes That Might Apply To a Given HOA/COA
Find a listing of the real property statutes in the state where the HOA/COA is located. In the case of Washington state, these appear at:

https://app.leg.wa.gov/rcw/default.aspx?cite=64

Three statutes seem relevant:
RCW 64.34, the Washington Condominium Act
RCW 64.38, Homeowners' Associations
RCW 64.90, Washington uniform common interest ownership act.

Part 2, Identifying Whether A HOA/COA Statute Applies to One's HOA/COA
The first step in identifying whether statute xyz applies to a HOA/COA is to proceed to the "applicability" section of the statute. For example, MichaelT21 cites Washington statute RCW 64.34 above. The full statute appears here:

https://app.leg.wa.gov/RCW/default.aspx?cite=64.34

Note that the title of the statute is "Condominium Act." Right away anyone who resides in a non-condo HOA should be skeptical of the applicability of this act. MichaelT21 residents in a single family home HOA and appears not to be a condominium. Still, let's read the "Applicability" section and make sure this statute does not apply.

The Applicability section states it applies to condominiums yada. What is a condominium? Now we need to go to the definitions section of RCW 64.34. There "condominium" is defined as follows:

"Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to this chapter.

From prior history posted by MichaelT21, I feel confident his SFH HOA is not a condominium. Hence RCW 64.34 is not going to apply.

How about RCW 64.38? RCW 64.38 has a lengthy applicability section. See https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.095

Let's assume MichaelT21's HOA
-- was created before July 1, 2018.
-- has not amended its governing documents to make 64.90 applicable

Whence 64.38 applies to MichaelT21's HOA, with the caveats given in 64.38.095 that a few sections of RCW 64.90 will apply even to MichaelT21's pre-July 1, 2018 HOA. Let's note these sections here:
(a) RCW 64.90.095;
(b) RCW 64.90.405(1) (b) and (c);
(c) RCW 64.90.525; and
(d) RCW 64.90.545.

Part 3, Finding HOA/COA Statute Sections Relevant To One's Question
MichaelT21 is interested in what Washington statutes require for reserve studies. He now knows RCW 64.38 applies to his HOA, and a few sections RCW 64.90 also apply. He proceeds to the table of contents of RCW 64.38:

https://app.leg.wa.gov/RCW/default.aspx?cite=64.38

He looks over the contents and sees RCW 64.38 has several sections that talk about reserve studies. He peruses these quickly and sees it is possible his HOA may be exempt from a statutory requirement to perform a reserve study. He sees it is also possible that his HOA is subject to a number of statutory requirements for its reserve study.

MichaelT21 then reads carefully the four sections of RCW 64.90 cited above that also apply to his HOA, including of course the citations within these four sections that refer to other sections of RCW 64.90. In particular, he notes that two (RCW 64.90.525 RCW 64.90.545) of the four sections speak at length about reserve studies. All that these two sections say about reserve studies does apply to his HOA. Furthermore, he sees that RCW 64.90.405(1)(c) cites RCW 64.90.080 (1). The latter section indicates that any provisions of RCW 64.38 RCW that are inconsistent with {64.90.405(1) (b) and (c), 64.90.525 and 64.90.545} do not apply to his HOA.

To say more about what Washington statutes say about reserve studies at MichaelT21's HOA would require more information from him.

Part 4, Aug's View of When One Should Give Up Trying to Parse Statutes
This is an advanced topic. For one, law school results in students going through exercises like the above many times, over three years. Learning takes place during these exercises. Eventually one's head no longer explodes as soon as one sees multiple citations in a statute. Eventually various possible points of confusion, conflicts and seeming (or on rare occasions, real) contradictions will resolve themselves in logical ways. On the other hand, if a layperson (like a HOA/COA owner or director) does not have the time to read the statutes carefully, take notes, and ask questions, then I think the layperson should give up and go to the HOA/COA attorney.

I think that preparing for a meeting with a HOA/COA attorney can be more fruitful if one at least tries to become acquainted with what is in the relevant statutes. For one thing, the HOA/COA attorney will spend less time explaining basics to his/her clients, billing one's HOA/COA at rates that are not cheap. Directors are not paid. I think no board should feel guilty for turning over all questions to the HOA/COA attorney. Hopefully the HOA/COA attorney realizes that often his/her role is that of an educator.

I bought a book about hoas from the. NC bar. It's written for the layman and stated that political signs are allowed unless hoa docs say no political signs are allowed.

People might want to check their state Bar association for good books like this