Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
In Washington State, homeowners' associations (HOAs) have the authority to place liens on properties for unpaid assessments, which can lead to foreclosure. Understanding the specifics of the lien process and the rights of property owners is crucial.
HOA governing documents are public record in Washington. An HOA must record its governing documents with the county land records to be enforceable.
HOAs can be dissolved, and the process for dissolving a particular homeowners' association can be found in its governing documents.
If your home is part of a inium owners' association (COA) or homeowners' association (HOA) and you fall behind in assessments in Washington: The COA or HOA can usually get a lien on your home if you become delinquent in paying the assessments. After you default on the assessments, the COA or HOA may foreclose.
In this specific case, the answer is no— HOAs cannot evict tenants in any scenario, including eviction for not paying the dues or fees. Once the homeowner rents their property to someone else, they become responsible for the tenant's actions, including those of violating rules and regulations.
Although an HOA can't evict homeowners in the same way landlords can evict tenants, that doesn't mean homeowners are not totally safe from losing their homes. Depending on state laws and the governing documents, an HOA can foreclose on a homeowner's property.
To create a homeowners' association, the initial board of directors or declarant must draft and adopt a community declaration. The declaration will include all the rules and regulations set forth by the association along with a map of all property within the community.
Every HOA has a set of CC&Rs (covenants, conditions, and restrictions) managed by an elected HOA board. These regulations control certain aspects of community life and may forbid rentals of any kind. If you bought a home in an HOA where the CC&Rs prohibits rentals, you must comply with this restriction.
Homeowners in Washington State can file complaints against their HOA through the Washington Human Rights Commission if they believe their rights have been violated. Complaints can also be directed to local courts for disputes over covenant enforcement, with the process defined under the applicable state statutes.