Question:
When does a Developer have to turn over HOA in Washington State? Builder is refusing to turn Over HOA to owners. He has had 2 meetings with his chosen board and will not allow HOA turn over. He told all of us it would happen in June 2022, but threatened if we recorded meetings we would be sued. Now I’m working with The Fair Housing Act, they could not get him to comply on my personal Medical issues and Escalated to Human Rights Commision. Meanwhile he is refusing to turn HOA over and allow us to vote board members, change his CCRs and Blames me because I filed Discrimination and retaliation against him. I built my house two years ago and months ago the last house was built. Everyone in our community has tried to get him to tell us when we can take over but he will not allow it or set a date. He told us June back in FALL, but that date has passed. We are not allowed to record, their our no min, we have no keys or access to storm water resivor that is now over grown in weeds and he only has keys. The only thing his board has passed are parking fines for me and giving neighbors verbal exceptions to all the CCRs. Everyone is getting upset and think it’s my fault for filing a complaint with the Fair Housing Act and Human Rights Commissions. My community members are trying to find WA State laws and sastitutions he’s implementing and now are wondering if the HOA and CCRs he is pushing are even legal or valid anymore. I was told while dealing with The Human Rights Commissions Not to reach out and let investigation happen. My community just wants to know where we stand and what is legal and if now the HOA and CCrs are none valid? They want help to force him to turn it over if it’s still a thing or if statues are up then let it go and figure out what next. There are No min, agendas, meetings and where all in debt due to snow plowing he never told everyone but is holding a bill for each of us to pay at turn over. We have no idea what he thinks we all owe him, we have no paper works, no lawyer, no board and no rights and no date or even what’s legal? Blossom CT & Lane Clarkston WA 99403…Help us With Dan Young Quality Behavior homes and what we should all do next? Thank U
– DesiRae
Answer:
Hi DesiRae,
According to RCW 64.90.415:
“(2) Regardless of the period provided in the declaration, and except as provided in RCW 64.90.320(7), a period of declarant control terminates no later than the earliest of:
(a) Sixty days after conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant;
(b) Two years after the last conveyance of a unit, except to a dealer;
(c) Two years after any right to add new units was last exercised; or
(d) The day the declarant, after giving notice in a record to unit owners, records an amendment to the declaration voluntarily surrendering all rights to appoint and remove officers and board members.
(3) Not later than sixty days after conveyance of twenty-five percent of the units that may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units that may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board must be elected by unit owners other than the declarant. Until such members are elected and take office, the existing board may continue to act on behalf of the association.
(4) Within thirty days after the termination of any period of declarant control or, in the absence of such period, not later than a date that is sixty days after the conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant, the board must schedule a transition meeting and provide notice to the unit owners in accordance with RCW 64.90.445(1)(c). At the transition meeting, the board elected by the unit owners must be elected in accordance with RCW 64.90.410(2).”
It is worth pointing this out to your developer. Beyond that, you may need to talk to a lawyer for advice.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
