Legal Question in Real Estate Law in Washington
Homeowners association formed before or after home purchase?
I purchased a home two years ago in a new neighborhood. At the time of purchase, there was no mention of my property belonging to a homeowners association. A year after I purchased my house, the developer finished building the remaining homes in the neighborhood and bylaws were adopted for the formation of a homeowners association to maintain a strip of grass by the neighborhood entrance. They have recently sent bills for HOA dues to everyone claiming that we're all members of the association.
On the plat recored with the county when the developer bought the land, there is one little note that says ''Tract 'B' is a landscaped area to be owned and maintained by the homeowners association.'' That's it--no other mention of a HOA anywhere else in the plat description, CC&Rs, or anywhere else.
The HOA president is claiming that this sentence established the creation/existence of the HOA before any of the homes were purchased and also established the jurisdiction of the HOA as the entire neighborhood as recorded in the plat.
Does the mention of the term ''homeowners association'' on a plat description formulate the existence and jurisdiction of a HOA?
1 Answer from Attorneys
Re: Homeowners association formed before or after home purchase?
Probably. You'll need to review what you signed at closing, it may have allowed for the future creation of an HOA. You mention CC&Rs - those presuppose an HOA.
Before presuming there is no HOA, go talk to a local real property attorney and ask for their opinion. The other source would be the City/County where you are located.
Hope this helps. Elizabeth Powell
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