Legal Question in Real Estate Law in Washington

HOA CC&Rs enforcement

We moved into a development in which the CC&Rs have obviously not been enforced. On this basis, we removed a community hazard tree with verbal approval from the Architecture Committee. Because the covenants require written permission we are technically in violation. The HOA now wants to enforce by-laws, starting with us, by imposing a large fine for our infraction. Can they legally do this without prior notice of this change in policy, to all the members?


Asked on 2/24/07, 3:33 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: HOA CC&Rs enforcement

You need to write to the AC and restate your understanding that you had permission, albeit verbal, to do what you did.

HOAs have to enforce rules uniformly. They cannot select and choose which violations to enforce or not.

You may well wish to consult with an attorney who has experience working with HOAs. It's a fairly specialized area of the law.

This is essentially a private contract between you and your neighbors giving rights and responsibilities to each for the "betterment" of the neighborhood.

You are correct that haphazard enforcement of the CC+Rs can subject them to liability for failing to enforce the rules evenly for everybody.

Might be useful to wander around the neighborhood with a camera and record the violations you notice.

You are also entitled to review the books and records of the HOA and the AC.

You want to be right, because the penalties can (and do) involve, eventually, a judgment against your real property which accrues interest at 12% until paid in full and must be cleared before you sell your house. Typically, it's paid at closing from escrow.

But well before you get there, get a local and knowledgeable attorney who practices in this precise area to review your CC+Rs and give you advice, and perhaps argue for you with the Board.

Hope this helps. Powell

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Answered on 2/24/07, 10:13 pm


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