The main purpose of a HOA is to manage common spaces, administer property upkeep, and ensure adherence to standards set by the community. These actions can be crucial in maintaining both living standards and property values within a community.
State law: Washington state has laws that specifically grant HOAs and COA (inium Owner Associations) the authority to create and enforce CC&Rs.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
The WUCIOA provides a legal structure for the creation, management, and termination of iniums, cooperatives, and planned communities. Effective since July 1, 2018, the Act is codified in Chapter 64.90 RCW and outlines the responsibilities of HOAs, developers, and owners within common interest communities.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
HOA governing documents are public record in Washington. An HOA must record its governing documents with the county land records to be enforceable.
Original declaration and organizational documents along with any amendments. Financial statements and tax returns for the past seven years. The most recent annual report delivered to the secretary of state (if any) Copies of any contracts which the association was a party within the last seven years.
To dissolve an HOA in Virginia, a supermajority vote is typically required from the membership, followed by a legal process that involves settling the association's debts and obligations. State guidelines must be adhered to throughout the dissolution process.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Statute of Limitations – The statute of limitations for a violation of a restriction is five (5) years from the time the association “discovered or, through the exercise of reasonable diligence, should have discovered the violation.” (Code. Civ. Pro § 336(b).)