Question:
We live in an HOA community.
If the ARC approves an application for a neighbor but it doesn’t follow our ARC Guidelines what can we do as homeowners?
The management company does not know our rules and governing documents and she stated that the Management Company and the BOD can’t reveal any information about the neighbor’s proposed application or if it is approved or not. She gave this law – RCW 64.38.045
– Lisa
Answer:
Hi Lisa,
As homeowners, you may take your concerns to the HOA board. Explain how the approved application conflict with the ARC guidelines. If you have an Architectural Review Committee, you may speak to them about the matter.
As for RCW 64.38.045, this section actually states that “Materials relied upon by the board or any committee to approve or deny any requests for design or architectural approval for a period of seven years after the decision is made” must be “made available for examination and copying by all owners, holders of mortgages on the lots, and their respective authorized agents as follows, unless agreed otherwise:
(i) During reasonable business hours or at a mutually convenient time and location; and
(ii) At the offices of the association or its managing agent.”
(ii) At the offices of the association or its managing agent.”
These materials are part of the documents an HOA must retain under subsection(4)(b), as evidenced by subsection(5)(a).
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
