Valerie Farris Oman's Answers

Does a LLC that buys and sells houses have the right to attend a Condo Owners Annual Meeting

Associations are obligated to give ALL owners notice when notice is required, and an owner has the right to vote according to the unit's percentage allocation whether the owner is an individual person or a corporate "person." Most Declarations don't differentiate between individual people who own units and businesses who do. And corporations/LLCs are treated as "persons" under the law, anyways. The safest thing to do is to give notice to the LLC. It's confusing to me why your management...

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If a condo owner did not comply with the CC&Rs, what steps can the association take to get compliance?

Your Board of Directors has the authority under Washington law to adopt reasonable rules and a fine policy allowing the association to fine owners who fail to comply with the governing documents for your association. Are you on the board? If so, you might wish to propose this idea to the board as a whole. It would be a good idea to work with an attorney experienced in community association law who can advise you on what is required for the fine policy to be enforceable. If you are NOT on...

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Can an HOA request back dues be paid to a newly formed association, if the association was formed 18 months after the first sale

The answer to your question likely lies in your governing documents, which probably state when assessments are to begin and discuss the transition from developer control to association control. You should take a full set of your association's governing documents (CC&Rs/Declaration, Bylaws, etc.) to an attorney experienced in community association law for advice. Your attorney, if he/she was not experienced in this area of law, may not have understood the affect (or lack thereof) that the...

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$53 bill causing foreclosure by homeowner's association

You'll need to consult with an attorney experienced in community association law. He/she can analyze your association's governing documents, along with the lawsuit documents, to determine what your options are. It may be that the default judgment (I assume that's how they obtained a judgment since you say you were never notified) can be vacated. It may also be, however, that the fees and costs added to your account are reasonable and authorized by the governing documents.

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My HOA is charging 15% per month on the unpaid balance of homeowners assessment. Is this by law, considered reasonable?

The answer to your question lies, at least in part, in the governing documents for your association. The Declaration/CC&Rs likely sets the INTEREST RATE internally, and most often at 12%. However, the document also likely gives the Board the authority to establish a REASONABLE late fee. Charging a late fee that is a percentage of the balance due is NOT the same as charging interest. The question of what late fee is "reasonable" is trickier; there is no black-and-white rule on that issue....

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Can a HOA charge a moveout fee of $250 each time I have renter vacant my property?

Condo & homeowners associations can charge move-in/move-out fees if they are (a) properly adopted by the board; (b) "published" to the owners - sent by regular mail; (c) reasonably related to costs incurred by the association in connection with the event to which the fee relates; and (d) are charged whenever anyone moves in or out of a unit. In order to determine if the fees charged by your association meet all of these criteria, you'll need to talk to an attorney experienced in community...

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HOA from hell

Unless your governing documents specifically prohibit it, it is likely that your association does have the legal authority to place surveillance cameras in the common areas. What is the reason given by your board for installing the cameras? Boards of condo/homeowners associations must act reasonably, so if they have a reasonable rationale for installing the cameras, you may not have much recourse against it. If you are really serious about wanting to examine whether the board is acting with...

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Can the home owner’s association go after a home owner for moneys due for the road maintenance agreement?

Properly assessed amounts due are both a lien against the property and the personal obligation of the owners. Under the HOA Act and perhaps the CC&Rs for your HOA, there is a strong likelihood that your HOA can file a lien and may be able to sue the owners who have refused to pay. You should have your HOA consult with an attorney experienced in HOA & condo law for assistance.

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How does one go about disputing HOA spending?

As the previous comments suggest, Washington law allows members of an association to review the association's records upon request. A few things to know: 1. The records only have to be produced for your review in the manner in which they are kept in the ordinary course of business. In other words, the association does not have to pull documents out of their normal filing system or boxes or whatever and give you ONLY what you request. 2. You will probably have to go to the association's...

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HOA electing new directors, vote thrown out twice and voted in meeting without notifying rest of the home owners

The answer to your question - what the proper process is for electing a new board - is likely found in the governing documents for your association. Also, it's unclear whether your association is a homeowners' association (formed under the HOA act), an "old act" condo (formed under one set of laws), or a "new act" condo (formed after July 1, 1990). That matters, since the law (which sometimes provides for "fill in the blank" guidelines on how associations are run) would be different based on...

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