We did not receive a 30 day notice of the hoa raising the dues. Thdy were raises 75 dollars. Do we have any recourse.
The management group states that we had adequate notice but we did not receive a notice. The bylaws state that we are to receive a 30 day written notice but we did not. I have a copy of the bylaws. It states we need a 30 day notice.
Construction / Development Lawyer
To determine whether or not notice is needed and the terms of that notice you need to look at the CC & R's and Bylaws. Sometimes, a small increase in the fee will be allowed without a vote according to the CC & R's. A copy of the CC & R's should have been given to you when you purchased title insurance. The CC & R's are also available as a public record. You may need to request a copy of the Bylaws from the HOA.
2 lawyers agree
Real Estate Attorney
I agree with both previous answers. If they raised the dues perhaps your energy should spent of getting a copy of the records and finding out why instead of delaying the increase because all they have to do is send you the notice properly this time.
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Residential Real Estate Lawyer
The notice requirements vary depending on whether your association is an HOA (RCW 64.38) or a condo (RCW 64.34 or RCW 64.32). Beyond that, as the previous answers have mentioned, the CC&Rs/Declaration and/or Bylaws for your association may also have additional or different notice requirements.
Even if your association failed to give proper notice, however, that may only be a procedural defect that the association can remedy by simply giving the proper amount of notice and raising the dues after the proper notice is given. So you may spend a lot of time and energy forcing the association into a "do over" with the same end result. A better use of your time might be to look into the reason for the increase. Volunteer for committees or for a board position next time one opens up. Associations with high rates of owner interest and participation are generally the healthiest financially.
Avvo answers are intended to provide general information only; not legal advice.