Your questions on housing associations in WA, answered. HOA voting, parking, other laws

The McClatchy Northwest Service Team recently published an article regarding homeowners associations and similar housing communities, the laws that pertains to them in Washington state and what residents should know. In response, the team has received an overwhelming number of questions from readers regarding the legality of specific situations with HOAs.

Due to the nuanced nature of housing associations and common interest communities, there is generally too much at play to offer a simple ‘yes’ or ‘no’ answer to many questions. The questions have been answered in a general sense to help homeowners get closer to their specific answer. More specific answers will vary depending on the housing community.

Here are those questions and some answers.

(Note: Questions are paraphrased and have been rewritten for publication while maintaining the original concept).

Laws for Washington HOAs

▪ If an HOA does not own the street or sidewalk, can they enforce parking rules?

In general, if an HOA does not own the streets running through the community, it cannot enforce rules on those streets. However, this can be stipulated in the governing documents.

You’ll have to refer to the CC&R (covenants, codes and restrictions, aka governing rules for your association), for your HOA, your property deed or an attorney to determine whether these rules can be enforced in your specific area.

That said, anyone fined for parking violations in their HOA has a right to a hearing regarding the fine.

▪ I don’t think my association is following the legal requirement for financial records. I want to take legal action on behalf of all the homeowners in the association, but I can’t afford it. What options are there?

Before paying for a lawyer, consider looking into some of the more affordable resources near you, like a dispute resolution center. This way, you can have questions answered before sitting down with a lawyer.

There are additional resources that offer information and support for homeowners, like HOA United and HOA Fight Club.

One of the main motivations behind the creation of HOA United was to compile information and resources for homeowners, and make it easier for them to understand their rights, according to co-founders Steve Horvath and Raelene Schifano.

Washington State Legal Aid is a resource for low-income Washingtonians who need legal assistance. There may be local organizations near you as well. You can also try reaching out to your local political representatives.

▪ What can I do if my HOA is not compliant with state law?

There are several avenues you can take if you find your HOA is noncompliant. You can reach out to local lawyers specializing in real estate, though Horvath recommends only contacting an attorney after you clearly understand your rights. There are also regional associations offering affordable or free legal advice regarding housing, listed above. You can also fill out this survey from HOA United for potential assistance from volunteers.

Depending on the violation, you may be able to file in small claims court or civil court.

For violations relating to fees and fines, you can take the case to small claims court. There will be specific documentation regarding the association’s right to instill fines, down to dollar amounts. This can be assessed in small claims court.

However, other violations of community rules can be more difficult to handle legally. While an HOA and its board will have resources for reporting homeowners that violate the rules, there is no direct outlet for homeowners to report their HOA for violating those same rules.

Your options as a homeowner are:

• Gather 30% of homeowners in the association for a special meeting
• Take the case to civil court

“That’s just an impossible task,” Schifano said in an interview with McClatchy. She noted how complex and costly the processes can be, and how many people just can’t afford to take that on.

“No one in their right mind spends $50,000 to recover $5,000,” Horvath said regarding expensive legal responses.

This is exactly why Schifano holds Zoom courses explaining the nuances of these processes. She also has a series of videos on YouTube for homeowners looking to educate themselves.

HOA United has also released a dispute resolution proposal system, in order to make this process easier and more fair for homeowners. This will be introduced to legislators as a recommendation for state guidelines.

Voting in a WA HOA

▪ HOAs are given the power to adopt and amend bylaws and rules. What are the requirements for voting and proper notice?

Some HOAs cannot make changes to the CC&R on a whim – once people have moved in and agreed to the current rules, certain steps must be taken to change any of these rules or implement new ones. This can include a meeting with the community and a popular vote in favor of the new rule.

Washington state law governs HOAs across different categories, primarily based on the year the property was established and the type of property. With several different sets of rules, it can be confusing to determine the rules for your association.

Regardless of the property type or year of establishment, all HOAs are required to inform homeowners of any meetings. Some are required to hold a meeting before any new rules can be adopted.

Generally, 67% of votes are required to amend association documents, but this will be outlined in the bylaws.

Understanding your bylaws is crucial. This will outline the voting process and rulemaking policies in your HOA.

▪ Are votes needed to increase assessments? Can votes not cast be counted as yeses?

Check the bylaws for your association. Some may include the right to increase assessments without a majority vote. Otherwise, the general requirement is a 67% vote from homeowners in support.

Votes must be cast legally, by a homeowner or through a certified proxy.

Once passed, your HOA board must notify the entire community of any updates.

Do you have a question about HOAs or other processes in Washington state? The Northwest Service Journalism Team wants to hear from you. Fill out this form or reach out to kvandeventer@tricityherald.com:

This story was originally published October 20, 2023 at 11:29 AM with the headline "Your questions on housing associations in WA, answered. HOA voting, parking, other laws."