Charles Kenworthey Harer's Answers

Can an HOA in Washington state foreclose an assessment lien it recorded against a person's primary home?

The answer will depend on the specific powers granted to the HOA in the Declaration or CC&Rs for the association. Most associations have broad powers to enforce collection of assessments made in compliance with governing documents, and those powers almost always include judicial foreclosure. Some associations can foreclose non-judicially. That the home is owner occupied, and whether or not it is the "primary" home usually make no difference in the rights of the association to enforce...

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Home owners associations rights in WA state when a homeowner failed to pay for condo dues and assessments

We would typically advise that a liien be placed on a unit that is delinquent in payment of association dues. The cost is relatively low, it will help if a sale occurs and there is equity in the unit. Depending on when and how a sale or foreclosure occurs, the association may be paid off at the time of sale. If the condo unit has substantial debt, and little or no equity, the chances of recovery are poor. some condominiums in Washington have a "superpriority lien" which is ahead of...

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I am trying to determine if a Condo Association can be dissolved and how dificult it would be.

Dissolution would create a single piece of property with four living units, not create four separate properties with each owned by the current owner of the condominium unit. With an 80% vote, the owners can dissolve the condo, but would be left with four owners of a single piece of property that would likely be unsaleable. You would still have problems related to co-ownership, but without the condo statute to help the owners resolve disputes or regulate owners rights and obligations....

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Envelope Investigation and Reserve Study for Condominium Refurbishment

For a conversion condominium in Washington State, the developer is required to have an investigation of the building envelope in compliance with RCW 64.55. The report is to be provided to prospective buyers as part of the Public Offering Statement. In addition the developer has to have a licensed Architect or Engineer conduct an inspection of the structual components, and mechanical and electrical system to ascertain their condition. Information from that report must also be provided in the...

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Why is my HOA policy primary when a unit owner didn't repair his washing machine and it spilled a few gallons on is floor?

Specifics about how the costs of repairs are handled vary with the specifics of each condominium Declaration and the insurance policies involved. I believe that the legislature made the association's policy primary to ensure that when the condominium is damaged, it is repaired. Typically association policies are prohibited from denying coverage due to negligence, mistake, and even intentional acts. To allow that could mean that there would be no insurance money to rebuild after a...

Can a condo association tell me i can't have a pet? especially a cat, who's not bothering anybody...

Prohibitions on owning a pet are generally considered a valid restriction on the use of your condominium, but must be in your condominium declaration (rather than the rules and regulations or bylaws) in order to be valid and enforceable. If, as you indicate, the "no pets" restriction is in your association's declaration, it is likely a valid and enforceable rule. Exceptions must be made for service animals and sometimes "companion" animals recommended by health care professionals. The...

What % of HOA membership consent is required for zoning change.

I posted this answer to one of your earlier question/posts: Typically “zoning” relates to governmental restrictions on use of property, such as designating property exclusively for residential or agricultural use. Zoning is not part of the restrictions recorded against property within an Association’s CC&Rs or other governing documents – such as being a 55 and older community. Whether an amendment requires a majority, a super majority, or 100% approval of the owners within a community...

What % of HOA membership consent is required for zoning change.

Typically “zoning” relates to governmental restrictions on use of property, such as designating property exclusively for residential or agricultural use. Zoning is not part of the restrictions recorded against property within an Association’s CC&Rs or other governing documents – such as being a 55 and older community. Whether an amendment requires a majority, a super majority, or 100% approval of the owners within a community will depend on the specifics of the community’s governing...

Can a HOA incorporate as a Non-Profit to avoid paying Real Estate Taxes on Common Areas?

Most HOAs are already incorporated as non-profit corporations. The status of the entity (profit/non-profit/corporation or unincorporated association) will likely have no bearing on the real estate tax obligations of entity. Sometimes the purpose of the organization can affect the obligation to pay real estate taxes. This is typically an issue governed by state law. When people talk about “non-profits” they are sometimes talking about income tax ramifications at the personal level (can I...

Can the HOA president or any board member purchase things without a vote from the community that pay the dues?

To answer such a question I would typically look first to the governing documents for the HOA (CC&Rs, Bylaws, etc.). These often will spell out the authority of the officers of the HOA to make decisions and purchase “things”. We advise board members only to act within the authority granted to them by the governing documents. In most cases, no vote of the community is required for the board to act on its behalf. The members vote on who fills the board, and that is often the limit of their...