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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.
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.
Washington Uniform Common Interest Ownership Act (WUCIOA) Homeowners' associations in Washington are governed by the WUCIOA.
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.
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.