Question:
Hello,
I live in the Desert Aire community and have been documenting a series of serious governance concerns involving the Desert Aire Owners Association (DAOA). These include a pattern of board actions that may violate Washington HOA statutes (RCW 64.38 / 64.90), including selective enforcement, obstruction of permitted development (such as a storage facility that was denied easement and possibly water access despite county approval), financial opacity (e.g., missing legal expenses in public filings), and what appears to be intimidation or retaliation against residents who speak out.
I’m seeking legal clarity on whether these actions constitute fiduciary or statutory violations, and how to proceed in a way that protects community members from retaliation. I’d appreciate confidential guidance before filing any formal complaint or media report.
– Britny
Answer:
Hi Britny,
Thanks for reaching out.
Yes, the issues you’ve raised could point to violations of both Washington’s HOA laws (RCW 64.38 or 64.90) and the board’s fiduciary duties.
Boards are required to act in good faith, treat all members fairly, and maintain transparent records. If they’re blocking projects without a clear cause, withholding financial info, or targeting outspoken members, that could violate their legal obligations.
Here’s how you might proceed:
Document everything – Keep records of communications, board decisions, and discrepancies.
Request access to records – Under RCW 64.38.045 or 64.90.495, you’re entitled to see financials and board minutes.
Get legal advice – A Washington attorney with HOA experience can help you assess potential violations and advise you confidentially.
Avoid public escalation for now – Until you have legal backing, avoid taking steps that might escalate conflict or risk community backlash—especially if retaliation is already a concern.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
