HOAs may ask homeowners to do something or keep you from doing something not officially covered in the CC&Rs. In such cases, homeowners may want to take legal action against the HOA by filing a lawsuit.
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.
Homeowners' associations in Washington are governed by the WUCIOA. This act applies to all common interest communities, including planned developments and iniums.
HOA governing documents are public record in Washington. An HOA must record its governing documents with the county land records to be enforceable.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
State law: Washington state has laws that specifically grant HOAs and COA (inium Owner Associations) the authority to create and enforce CC&Rs.
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.