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.
Homeowners Associations (HOAs) in Washington State are governed by a series of state and federal laws, the most comprehensive of which is the Washington Uniform Common Interest Ownership Act (WUCIOA). These laws provide a framework for HOA operations, including financial management and property rights.
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.
Typically, an HOA board must send adequate notice to members of the vote for dissolution. The members will then vote using the method/s that state laws and the bylaws allow. If the vote passes, then the HOA will dissolve.
If your HOA board is partaking in illegal conduct, it is important to report the case to local authorities. For housing discrimination cases, you may report the issue to the Washington State Human Rights Commission. If you are unsatisfied with your HOA board, consider removing problematic board members.
HOA governing documents are public record in Washington. An HOA must record its governing documents with the county land records to be enforceable.
Washington Uniform Common Interest Ownership Act (WUCIOA) Homeowners' associations in Washington are governed by the WUCIOA.
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.