When RCW conflict with HOA bylaws in Washington

Started by EricR6 • 2 replies • 226 views

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EricR6 (Washington)
Posts: 2

Posted:

When an RCW conflicts with an HOA bylaw such as HOA 'board can levy a special assessment' (funds to repair of swimming pool) verses RCW 'special assessments require member vote.' Here in Washington state, it seems that in 2013 a ruling was state law supersedes HOA bylaws. Then in 2014 Clallam county had that overturned...I lost the trail there...anyone know where this stands in Washington state now??

ElleN (Idaho)
Posts: 4,420

Posted:

EricR6,

Is this a condominium?

What year was your HOA/COA established?

To your understanding, which RCW chapter applies and why?

Please cite exactly what case law you think throws out the nationwide rule concerning genuine conflicts between the bylaws and statutes.

Please quote verbatim the bylaw that you think conflicts with a statute section. Please state which statute section you think conflicts.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Eric,

I could not find the cases you refer to. However, per current corporate statutes, bylaws may not conflict (meaning, if there is a conflict, the statute must be complied with).

See: RCW 23B.02.060

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