HOA state law

I read some interesting homeowners association case law recently, and also caught up on happenings in the state legislature. Did you know that a law was recently passed that prohibits us from restricting political signs? Although we can restrict the manner in which they are displayed, we cannot prohibit them altogether as section 20 currently does.

Here's some good links, that are good resources to consider when discussing covenants, HOA authority, and law. I'm putting these here as much for my reference, so I can find them easily in the future.

HOA Case Law
http://www1.leg.wa.gov/documents/Joint/HOAA/HOA%20committee-%20Washington%20State%20Case%20Law.doc

Recent legislation
http://www1.leg.wa.gov/documents/Joint/HOAA/HOAbillsummary.pdf

Washington State Law
http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38


Levying of fines for violations
This issue has come up, and I haven't had the time to research the issue fully until recently. After reviewing the law and susequent case law, It is of my opinion that the HOA has the authority to do this, as authorized by the board of directions.

Specifically, RCW 64.38.020(11) states "Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association"

Further, our declaration (the CCandR's) sectyion 31.a states "In the event the owner of any lot shall fail to maintain his lot or the buildings located thereon in accordance with the provisions of this declaration, then the Architectural Review Committee may, by a majority vote of its members, take such action as is necessary to bring the property into conformity with this declaration...."

The CCandR's delegate the authority to levy action to the Architectual Review Committee, and leaves open any action to compel compliance. Since state law allows the levying of fines as implimented by the board of directors, and our declarations leave open 'any action to compel compliance', an amendment to the CCandR's is not required. This is unlike what was required to increase the assessment last year, as the CCandR's clearly state that a vote is required to increase the assessment beyond the consumer price index. I do think it is nessecary to solicit feedback from homeowners, through the newsletter, prior to enacting these rules though, as we want to ensure that this is in the communities interest.

The fining schedule proposed by the Architectual Review Committee previously, seems very reasonable, allowing for two warning letters, 60 days, and attempted personal contact before levying a small fine against a property. We'll need to discuss some details of the process more in detail at upcoming meetings though.