HOA Board...what can we do as members to rein them in???

[tammy.wells]

What is the name of your state (only U.S. law)? Washington state

I live in an HOA in WA state. Currently, the Board of Directors seems to be doing whatever they want and do not feel it is necessary to listen to the membership. One of the latest things they have done, which I would love to find out if it is legal, is that they used HOA funds to post political signs through out our community in an effort
to promote the upcoming election to ratify the budget and water assessment increase (its combined). Another issue that we, the membership, have a serious issue with is that while we understand that the HOA must follow RCW 64.38.25, doesn't the HOA have to also consider the governing documents as well as stipulated in the RCW? More specifically, our bylaws state that lots that are not in good standing cannot vote, but this year, our board has decided that that they plan on counting all these votes basically as yes votes since they do not have the ability to vote for or against the budget. Can they do this, or should they be going by our governing documents and excluding these votes?

If anyone has any thoughts or can offer some assistance as to what we, as members, can do, I would greatly appreciate your input.

 

[FarmerJ]

I would suggest when you discover any so called violation of the bylaws and the rules the HOA is supposed to follow that you consider calling the board out via certified letter (perhaps to each board member) with a outline of what they did and the exact bylaw -rule they have violated and point out to them what you see as obvious , that if they do not correct violations they them selfs create, should there be any legal issues every property in the HOA will end up bearing legal cost of correcting it should a act of the board result in a loss in a court. Other wise the only other option I see that you have is first to see if there are other homeowners in the HOA who feel as you do then either as a group or alone to see a real estate attorney and have the atty re check thru your docs and what has happened and to have that atty contact the HOA.

 

[tranquility]

Realistically, it is VERY hard to fight an HOA. Even when they violate bylaws or the law. They have your money to pay for attorneys and you have, well, your own. There is rarely a monetary sanction against the board members fighting and, if you win, the HOA pays any damages. That always makes the person litigating against them very popular.

As I have said many times, the way to force things in an HOA is to win elections. Get members on the board.

 

[tammy.wells]

I wish that WOULD work

FarmerJ,
In regards to specifying the bylaw that is being violated and taking it to the Board - that has been done. I feel at this point, the members of the community will have to ante up and get an attorney involved to get anywhere as that is what the HOA is doing. No matter what we throw at them, they keep finding ways to skirt around an issue or come up with some statement saying they are in the green. Needless to say, it is getting frustrating and at this point I am not sure if its even a situation that is winnable for the residents of our community.

 

[tammy.wells]

Very true

You hit the nail on the head!!!! This Board has figured that out too unfortunately.

In regards to getting new members on the board, we are working on that though. This year, we are dealing with voting for folks that appear to be more of a worse of two evils, but hopefully that will get better in the coming years. I do know one thing, I wish I had more time - I would run against these guys in a heartbeat!

 

[barbara491]

WA State RCW 64.38.025

We have had a reserve fund in place for a number of years.. Based on WA state RCW 64.38.025 and a recent study the board has increased our assessment. They have not provided us with a copy of the study nor is this assessment up for vote, they have given us the date of the increase & how much it will be . Per the RCW the association members are to received detailed information of the finding and recommendation of the study and it is to be voted on. The board is ignoring the RCW . What can be done ?

 

[STEPHAN]

Please start your own thread if you want advice. Don't use an old one to post your questions.