Validity of HOA With No Recorded Documents

Question:

The current HOA was incorporated and registered with the state as a corporation in 2018, however, no Declaration or other documents were filed with the county auditor. All neighborhood title searches still reference the association that existed under the developer, which was dissolved in 2015.
Does the HOA “formed” in 2018 have a right to collect assessments, or any enforcement of the properties, without being recorded by the county?

– Doug

 

Answer:

Hi Doug,

According to the Washington Uniform Common Interest Ownership Act Section 64.90.200, a community under the chapter may only be created by recording a declaration and map in every county where the association is located.

 

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