Legal Question in Real Estate Law in Washington
How do I Divorce Myself from my Homeowner's Association?
A friend lives in a neighborhood in Washington state that has CC&R's to govern their Homeowner Association. The Borad of Directors will not follow the governing documents and think they are perfectly within their rights to spend association monies with out the concent of the homeowner's, refuse to recognize a homeowner's vote and the proxies she holds. In general the association is there for the Board's fun and games. They have been a Non-Profit Corporation in the State of Washington since 1985 and they have never had an audit let alone an outside audit of their Financial records since its inception. There have never been nominations and elections of the Members of the Board of Directors, these people have appointed themselves. There are considerable absentee owners and it is impossible to have a vote by the majority of the membership.
How do the Homeowner's that no longer wish to go along with the Association as it stands remove themselves and cease paying dues without the fear of having a Lien placed against their property for non payment? Do the Homeowner's have to go to court? If so what kind of action do they need to take?
1 Answer from Attorneys
Homeowners Association woes
The answer to this must be vague without viewing the document creating and empowering the Association.
If your friend wants live "without fear" of a lien, he should take affirmative action up front to enforce the legal obligations of the Association.
Another option that may or may not be available is to vote to amend the bylaws, though your question seems to indicate that such course of action is unavailable.
Your best course of action is to sue the Association if an attorney's letter to them won't suffice. You may also be able to recover damages for misappropriation or fraud, depending on the circumstances.
Gary Preble
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