State law: Washington state has laws that specifically grant HOAs and COA (inium Owner Associations) the authority to create and enforce CC&Rs.
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.
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.