Question:
My HOA has increased by HOA monthly dues quite significantly (1/1/2025). They are basing this increase on the square footage of my unit including the unfinished garage.
The association has not updated their legal “Declaration and Covenants, Conditions, Restrictions and Reservations Rosemount Condominium Phase 3 since it was originally filed; however, I do not know if this is a legal requirement (my unit was not built when this declaration was filed) – it was recorded in Snohomish County, Washington, on 5/28/03. The spreadsheet breaks the specs of my until as 2 full bathrooms, one 1/2 bathroom, 3 bedrooms, 1 fireplace and “other” which they call nook (I don’t have a nook). The documents further shows total dwelling as 2135 square feet (1695 for dwelling and 440 for garage). Please note, when this document was written and filed, my unit was not built yet. According to Snohomish County, the square footage of my until is 1721 living square footage (not including the garage). The above info (bedrooms, bathrooms etc) was obtained from other identical units as mine.
Additionally on the declaration it reads, “square footage of the Unit will be based on a survey. This is not the area of a dwelling structure with a unit. It further goes on to say, if “construction plan estimate is checked, square footages are (a) good faith estimates only, (b) based on architectural plans, and (c) may include perimeter wall thickness.” Because these numbers were based on estimates, shouldn’t a finalized document have been filed? After all, the county has the unit square footage listed correctly.
When I contacted the property management company, I was told that this is the exact spreadsheet that they use every year to determine HOA’s monthly dues. I don’t understand how the association can assess fees based upon an estimate nor can I understand how they are assessing my garage square footage as total liveable space.
I greatly appreciate any information you can provide me. My HOA fees went up almost $100/month and I am a senior living on social security & I feel as though something “just isn’t right” will their assessments. I have all the paperwork and I would be happy to fax or scan to you if needed.
Thank you so much!!
– Judi
Answer:
Hi Judi,
In Washington state, an HOA must follow the assessment method outlined in its governing documents, including the Declaration of Covenants, Conditions, Restrictions, and Reservations (CC&Rs). If your HOA is basing assessments on estimated square footage rather than actual, recorded measurements, there could be grounds to challenge the calculation.
Your CC&Rs state that square footage is based on a survey, not just architectural estimates. Since your unit was not built when the original document was recorded, it is reasonable to question whether the HOA should have updated the recorded figures once construction was complete. The fact that the county recognizes a different square footage than what the HOA is using might show that the association may be relying on outdated or incorrect data.
Additionally, Washington law does not specifically regulate how HOAs determine assessments beyond requiring them to follow their own governing documents. However, if your HOA’s calculations are inconsistent with the CC&Rs, they could be challenged as unreasonable. If the document does not explicitly state that garage square footage should be included in dues calculations, the board may be miscalculating.
Submit a written request to the board and property manager asking them to clarify why they include garage square footage and why they are not using the finalized square footage recorded by the county. If they refuse to adjust the calculation, you can escalate the issue by requesting a copy of the HOA’s financials and budget to determine whether funds are being misallocated.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
