Question:
How to prove to the Board and the ARC committee that they don’t have the power and authority to grant exceptions to some Homeowners to build structures that don’t follow our governing documents and ARC guidelines? We had an attorney review our documents and he wrote an opinion letter but the Board and the ARC still think they have authority to make exceptions. We live in WA state.
– Lisa
Answer:
Hi Lisa,
In Washington State, an HOA board and its Architectural Review Committee (ARC) must follow the association’s governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and ARC guidelines. These documents outline what can and cannot be approved regarding architectural modifications. If the board or ARC grants exceptions that are not explicitly allowed, they risk violating their fiduciary duty to enforce rules fairly and consistently. Since you have obtained a legal opinion confirming that the board does not have the authority to make such exceptions, the next step is to formally present this to the board and demand compliance.
One effective approach is to send a written request (citing the attorney’s opinion letter) demanding that the board and ARC adhere to the governing documents. If they refuse, homeowners can escalate the issue by calling a special meeting under RCW 64.38.035, requiring the board to address concerns raised by members.
Additionally, you can inform the board that granting selective exceptions exposes them to legal liability, as homeowners who have followed the rules could file a lawsuit for unequal enforcement or breach of fiduciary duty. If violations continue, affected homeowners can pursue alternative dispute resolution (ADR), remove the board members, or file a legal action to compel the board to follow the governing documents.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
