My HOA was established 40 years ago. Five units with association fees of 18%, 19%, 20%, 21% and 22%. Over time – 25 years – the association fees have been raised many times – equal dollar amounts rather by the above percentages. The declaration with the original percentages was never changed.
Are the changes – by equal increases – that differ from the original percentages valid or do all changes have to be by the percentages in the original declaration?
According to the Washington Uniform Common Interest Ownership Act, under Section 64.90.480, assessments may be allocated in the proportion that the declaration provides. Assessments are calculated based on the common expenses and specially allocated expenses in the annual budget and then allocated according to the percentage or proportion specified in your declaration. In other words, the board must prepare a budget every year and determine assessments based on that and based on the declaration’s proportions.
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