Legal Question in Real Estate Law in Washington
Condominum Questions
My fiance and I own a condo in Washington State. last April we were assessed $50,000 as part of a 1.5 million dollar remodel to the entire complex. Last month we received another assessment of $7,500. When we asked the HOA what this assessment was for we were told that it was to cover the costs caused by other owners refusal to pay the first assessment. We found this to be an unsatisfactory response and have, so far, refused to pay the second assessment. Is this assessment legal? What recourse do we have?
P.S. The work is still incomplete and many defects have recently been noted. Our equity is maxed out and are being forced to sell our unit because of these charges. However, we cannot receive top-value until the work is complete.
1 Answer from Attorneys
Re: Condominum Questions
Your instincts are correct, there is a problem here. The whole point of the HOA is to make decisions and treat owners equally, so paying because other owners won't doesn't make sense intuitively. The other error you are accidentally making is to take legal advice from the HOA assessor who likely isn't an attorney and may well become an adverse party.
It is time for you to lawyer up. You need to have a consult with an attorney who is familiar with HOAs who can review your CC&Rs and the two assessments, and your HOA Board's liability insurance and advise you properly, with all the relevant information.
Chris Benis in Seattle comes to mind. You can find any attorney in WA at wsba.org or avvo.com (a v v o). On Avvo you can sort by areas of specialty.
Hope this helps. Elizabeth Powell
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