Question:
We are planning to build an addition on to our house for my aging parents to live on our property. We are in the process of obtaining the required county permits and already have engineering plans.
When we moved here almost 2 years ago we were told by our real estate agent that there was an HOA in the beginning of the development, but it appeared to be dissolved. There is no Board, no HOA dues and no voting. But there are forms registered with the county and an HOA reference # 9206170135. There is one guy who may be the sole and permanent HOA President. According to the documents filed with the county auditors office, we may be required to submit all architectural requests through him for approval. We also heard second hand that he denied one of our neighbors requests once. If the story is true they took him to court and won.
My question is: In Washington State, can an HOA and/or architectural committee exist if there is no Board, no voting and no HOA dues? Can one person be the sole and permanent controlling entity for approving all changes with no oversight from the community?
Before I contact this person, I just want to understand the facts.
Thank you for your time,
– Scott
Answer:
Hi Scott,
HOAs are typically governed by state law and their own governing documents, such as the declaration of covenants, conditions, and restrictions (CC&R), and bylaws. In many cases, the existence and functioning of an HOA, architectural committee, or any governing body are outlined in these documents.
If there is no board, no voting structure, and no HOA dues, it would be unusual but not impossible. However, it’s crucial to review the specific language in the CC&R and bylaws to understand the provisions that may address governance and decision-making. Additionally, check the CC&Rs and bylaws to see if the HOA permits having one person serve as the president. Look for term limits and the number of board members required.
It’s generally common for an HOA to have a board of directors or another governing body, with decisions made through a voting process and oversight by the community members. If there is no oversight and one person is the sole controlling entity, it could raise concerns about accountability and transparency.
To further clarify your situation, it would be best to seek legal counsel. A lawyer can review the HOA’s governing documents and advise you on the next steps.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
