HOA Transfer Fee

[Stephen1]

Washington State. First of all, I have messaged my HOA but I like also getting information from independent sources therefore this posting.

I'm selling a house w/in a Home Owners Association (HOA). I noted that the closing papers mention an HOA Transfer Fee (escrow is awaiting for a demand from the HOA). I expected that if there was such a fee that it should be in a publicly available HOA document. I looked in the By Laws and the Covenants and saw nothing for such a cost. Is there somewhere else that you would expect such a charge to be listed? Or is it reasonable to assume that since neither the By Laws nor the Covenants list it then there isn't one?

 

[Zigner]

It could have been added by a later act/resolution/whatever.

 

[zddoodah]

No.

 

[LdiJ]

Washington State. First of all, I have messaged my HOA but I like also getting information from independent sources therefore this posting.

I'm selling a house w/in a Home Owners Association (HOA). I noted that the closing papers mention an HOA Transfer Fee (escrow is awaiting for a demand from the HOA). I expected that if there was such a fee that it should be in a publicly available HOA document. I looked in the By Laws and the Covenants and saw nothing for such a cost. Is there somewhere else that you would expect such a charge to be listed? Or is it reasonable to assume that since neither the By Laws nor the Covenants list it then there isn't one?

Have you tried calling the HOA itself for an answer to that question?

 

[quincy]

Have you tried calling the HOA itself for an answer to that question?

Stephen1 said he is awaiting an answer from his HOA - and the HOA is actually the best source of information for him.

Here is a link to Washington’s law on private transfer fee obligations:

https://app.leg.wa.gov/rcw/default.aspx?cite=64.60&full=true

 

[Stephen1]

Stephen1 said he is awaiting an answer from his HOA - and the HOA is actually the best source of information for him.

Here is a link to Washington’s law on private transfer fee obligations:

https://app.leg.wa.gov/rcw/default.aspx?cite=64.60&full=true

Quincy, thank you for the citation link. I guess what I was looking for was whether/how I was supposed to know about such a fee before selling the property. As I read the cited law I see nothing that says I had to know about it. But it had to have been filed with the county auditor by December 31, 2011 and I have a low opinion of whether/how the HOA sometimes operates I am less concerned now.

 

[quincy]

Quincy, thank you for the citation link. I guess what I was looking for was whether/how I was supposed to know about such a fee before selling the property. As I read the cited law I see nothing that says I had to know about it. But it had to have been filed with the county auditor by December 31, 2011 and I have a low opinion of whether/how the HOA sometimes operates I am less concerned now.

It sounds to me as if there should be no transfer fee to worry about. If the HOA tries to demand one, you should speak to a Washington attorney.

 

[adjusterjack]

I guess what I was looking for was whether/how I was supposed to know about such a fee before selling the property.

In my career as a property claims adjuster I read hundreds of CC&Rs. The average homeowner has no idea how to read them. I'll bet if I read yours from one end to another I would find the part that allows for the transfer fees even though it might not specify "transfer fees."

If the HOA tries to demand one, you should speak to a Washington attorney.

Agree.

I'll bet that an attorney can find it.

 

[Mass_Shyster]

No.

Is that an answer to the first, or second, question?

Is there somewhere else that you would expect such a charge to be listed?

Or is it reasonable to assume that since neither the By Laws nor the Covenants list it then there isn't one?

 

[quincy]

Is that an answer to the first, or second, question?

Or both, or neither?

Covering all options here.

 

[Stephen1]

In my career as a property claims adjuster I read hundreds of CC&Rs. The average homeowner has no idea how to read them. I'll bet if I read yours from one end to another I would find the part that allows for the transfer fees even though it might not specify "transfer fees."



Agree.

I'll bet that an attorney can find it.

I follow that that the CC&Rs and/or By Laws might not use the phrase "transfer fees." And that the general authority in the CC&Rs could allow the board to create such a charge. I was thinking that such a charge/fee should be transparent and obvious to the members of the HOA. That is, as a member I should be able to read somewhere what the various fees and charges are out there that I could be subject to. So my questions are: (1) would you expect that such charges would be included in the By Laws or somewhere else and (2) if somewhere else would that be something that an ordinary member would be able to see, possibly on the HOA's website?

 

[adjusterjack]

as a member I should be able to read somewhere what the various fees and charges are out there that I could be subject to.

That's right.

Did you ever look?
Did you ever ask?
Did you ever read your insurance policies to find out what your obligations were?
Did you ever read your car's owner manual?
Did you ever read the manuals and warranties for all your appliances?
Did you ever read your cell phone contract?
Did you ever read your mortgage contract?
Did you ever read the Terms of Service for eBay, Amazon, or this website?

You get where I'm going with all this? Self preservation is nobody's business but your own. Leave it to others and you end up where you are today, complaining about getting hit with things you didn't know about that were yours to find out for the asking.

 

[LdiJ]

Washington State. First of all, I have messaged my HOA but I like also getting information from independent sources therefore this posting.

Sometimes picking up the phone and calling is more productive than messaging.

 

[quincy]

Stephen1, I suggest you wait to hear from the HOA. You can decide what to do about any transfer fee once you learn if there actually IS a transfer fee.

 

[Stephen1]

Sometimes picking up the phone and calling is more productive than messaging.

IF they had a phone. They don't. Nor do I see a list of the Board Members.