Legal Question in Real Estate Law in Washington
home owners association
We purchase a town home given papers on an homeowners association with ccr's and statements clauses stating when the last property is sold then it would then become a home owners association and builder would relinquish his interest. Many stipulations given from fencing to nuisance retrictions..Which made the property more appealing to us. However we find out a year later we have no home owners assoication and can not have one because with have no common area... I feel like this was a misreprentation on the part of the realator,attorney, and builder at our closing at our house because they presented their was one... Please inform if this is a common practice or if this is a shady deal...I would like to form a hoa to protect my interest...
1 Answer from Attorneys
Re: home owners association
I am unaware that there is any requirement in WA law that there be a common area as a predicate to a HOA. That makes no sense. There are plenty of HOAs in developments without common areas. Where did you got this idea? How did you find out, and who told you this?
If you signed CC&Rs and a HOA agreement at closing, you should have a HOA. If somebody is saying no, there isn't one, then you need to review what you signed with an attorney who understands real property law, and HOA law in particular.
Call Les Weatherhead in Spokane and ask him who he would recommend. He's a very, very good litigator but I am not sure that he handles real property matters.
You can find any attorney in WA at wsba dot org under lawyer directory.
I really, sincerely hope this helps you get on the road to getting this straightened out.
Elizabeth Powell
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