Legal Question in Construction Law in Washington

Homeowners Association / Rental Properties

We just moved into a brand new neighborhood. Our main reason for the move was that our previous neighborhood was run down with rental properties and there were no CCR's to ensure the neighborhood was kept up. Before we put an offer on this house, we specifically asked if there was a homeowner's assoc. and what the dues would be. We were given a copy of the CCR's and told that the dues would be $100/year. Our decision to purchase here was based on the CCR''s we were given as they have clear guidelines for maintenance of the properties. Now we are being told that there is no assoc. and that the other builder (who is also the developer of the plat) is planning to turn 9 of the 18 homes into rental properties and is willing to accept section 8 low-income renters!!! We have also heard that the agency chosen to manage the properties has a history of not enforcing the rules. Help...the other homeowners are equally as concerned!!! The homes that are being sold by our builder are mid to upper $400's and it appears the homes that will be rented are not of the same range in value. What can we do??


Asked on 11/01/07, 12:58 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Homeowners Association / Rental Properties

My first rule of litigation is to suggest that you do not take legal advice from persons who are not lawyers such as your neighbors.

You need to locate an attorney who is skilled and experienced at dealing with HOA issues from both sides of the equation - the Association and the Owners.

Here, it is quite possible the HOA rules don't allow the builder to rent out half the properties.

I don't know because I am not looking at the CC&Rs that you signed. So, whoever told you "there is no association" probably doesn't know that for sure.

Use avvo.com (a v v o) to search for an attorney who practices in the county where your new home is located. Look for homeowner association issues as a practice focus, or ask for a referral.

Hope this helps. Elizabeth Powell

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Answered on 11/01/07, 6:36 pm


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