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Kevin Lee Britt

Kevin Britt’s Answers

154 total


  • Can an HOA force owners to improve their personal property

    We have docks in our neighborhood that are platted with different slips for different parcels. The HOA board wants to install electricity on the docks. Some of the neighbors are not interested. The HOA said if we do not pay our shares now they wil...

    Kevin’s Answer

    The answer to your question depends on how the docks are defined in your association's governing documents. If those documents give the association authority over those docks (as seems likely from your question), then the association can take the actions that you describe. An experienced HOA attorney can give you a definitive answer to your question after reviewing your association's governing documents.

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  • In judicial foreclosure, our HOA named as defendant re dues lien for only $200. Given that the $200 loss is OK, why respond?

    I asked about this previously, but only got advice to research lien priority. That is not the issue. We accept the $200 loss. Other board members want to hire an attorney to respond. None is yet hired. Other than the $200, is there any other ...

    Kevin’s Answer

    The association could end up owing a judgment that includes more attorney fees if it does not respond. One way to respond is with a letter and a check. The association should consult an attorney with experience representing homeowners associations.

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  • If the by-laws for a WA state HOA don't specify a quorum, does there have to be one met for a dues raise vote?

    This is a newly formed HOA in Vancouver, WA. There is nothing specific to a quorum in the by-laws. There is a total of 21 lots, 19 of which have homes on them and 2 are still vacant lots owned by 1 person.

    Kevin’s Answer

    State law does not require a quorum to increase dues. It instead requires that the association's board of directors approve an annual budget and that the owners "ratify" that budget (which means not voting against it by a majority or more after being provided with at least fourteen days notice, regardless of whether a quorum is present). Your association should consult with an attorney who is experienced in this area to ensure that it proceeds according to the association's governing documents and state law.

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  • Can my HOA collect back dues for a HOA that was setup with CC&R's but never organized?

    The HOA was officially setup with CC&R's when our neighborhood was developed in 2008. The developer never held a meeting to transfer the HOA to the homeowners so we received a letter this year from the city saying it needs to be setup & we need t...

    Kevin’s Answer

    There is certainly reason to believe from your inquiry that back dues can be collected from 2008 to the present without a vote. However, it is not possible to provide a definitive answer to your inquiry without reviewing the association's governing documents. Your association should consult with an attorney who is experienced in the representation of homeowners associations.

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  • What are the mediation requirements before suing a homewoner's assocation for breach of contract?

    I can't seem to get my homeowners to adequately manage and comply with CCRs and public laws for homeowners assocations. I've tried everything, but they are not actively working to improve conditions, they try and skirt costs, and hide efforts, an...

    Kevin’s Answer

    The only mediation requirements before suing a homeowners association are those contained in the association's governing documents. State law is silent on this subject. You may want to hire an attorney who is experienced in this area to review the association's governing documents. If you decide to pursue a lawsuit, then a mediation will be required by the court prior to trial. An experienced attorney can help you determine whether a lawsuit is advisable.

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  • What does condo law say about condo management company's obligations to the HOA when they are replaced?

    President of an HOA not happy with the services provided by the condo management company. But worried about replacing them and not having a smooth transition. Want to know what rights we have as an HOA from our ex-condo management company even aft...

    Kevin’s Answer

    Your management company probably has multiple obligations relating to transitions that are described in the contract. For example, provisions requiring record and account transfers are common. Your association should work with an attorney who is experienced in the representation of condominium associations to ensure that the transition proceeds according to the contract.

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  • I am trying to determine if our HOA ( of 17 homes) is registered either with the State or County. No one seems to help...

    I've tried the County Clerk who asked around (?) and cannot help. Don't we have to be registered to be legal ? What if someone doesn't follow the ACC rules, are we able to take any action against them?

    Kevin’s Answer

    Washington homeowners associations are not legally required to be incorporated. Those associations' covenants give them authority to take action against non-compliant owners even if they are not incorporated. Your association should consider retaining an attorney with experience in this area.

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  • Hello there, Is is legal for a home owners association member to record a conversation with association officers?

    We do have a homeowner who tends to be belligerent and is often threatening suing association over various issues. Homeowners Association officers would like to hold a private meeting with him to help resolve the underlying problems. We do not w...

    Kevin’s Answer

    The state law requiring consent to record private conversations applies in the homeowners association context. If the board tells an owner that it does not consent to the recording of a conversation and that owner records the conversation anyway, then he or she is has committed a gross misdemeanor.

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  • WA HOA question:Can directors go into exec. session for discussing private matters outside the RCW64.38.035 listed matters?

    RCW64.38.035 states that directors to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents ...

    Kevin’s Answer

    No. The state law provides an exclusive list of subjects that may be discussed in executive session. If a subject is not on that list, then the board must discuss it in open session.

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  • Am I compelled to live by the CCR's for my condo, and pay condo fees

    Our small condo (8 units 4 are empty) has had problems since day one. Our entire board (President\Treasurer and the one director) resigned about two months ago, our status has gone inactive since the treasurer did not pay the state for our licens...

    Kevin’s Answer

    The covenants remain binding and enforceable. Your association needs to elect a new board as soon as possible and consult with an attorney who is familiar with this area of law.

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