HOA laws
1. Property Rights and Access:
• As a homeowner, you have a fundamental right to access and enjoy your property, protected by both state and federal laws, including the Fifth Amendment’s Takings Clause and Washington property law.
• An HOA cannot legally block physical access to your home (e.g., by locking gates, denying entry to a gated community, or otherwise obstructing your ability to enter your property) unless there is an extreme and legally justified reason, which is rare and would typically require court intervention.
2. HOA Powers and Limitations:
• HOAs in Washington are governed by the Washington Uniform Common Interest Ownership Act (WUCIOA) (RCW 64.90 for communities formed after July 1, 2018) and the Homeowners’ Association Act (RCW 64.38 for older communities), along with the HOA’s governing documents (e.g., Covenants, Conditions, and Restrictions, or CC&Rs).
• These laws allow HOAs to enforce rules, impose fines, or place liens for violations (e.g., unpaid assessments or rule violations), but they do not grant authority to directly prevent access to your home.
• For example, an HOA might suspend access to common areas (e.g., pools, clubhouses) as a penalty for rule violations, but this does not extend to denying entry to your private property.
3. Foreclosure and Liens:
• If you fail to pay HOA assessments, an HOA can place a lien on your property and, in extreme cases, initiate foreclosure proceedings. However, foreclosure requires strict adherence to state law, including:
• The homeowner must owe at least 3 months of assessments or $2,000 (excluding fines, fees, or legal costs).
• The HOA must obtain board approval and send a notice of delinquency.
• Even in foreclosure, the HOA cannot physically bar you from your home without a court-ordered process, and you retain access until the property is legally transferred.
Campbell,
I did attend that meeting a few years back now, but I don't recall that conversation. We did have the attorney review the gate card policy in the governing documents and he has advised us that turning off gate cards over late payments, as indicated, is not advisable. The board has taken his advice and is in the process of coming up with a new policy for addressing late payments. You attended the May meeting, and the minutes will reflect what was advised by the attorney.
The bigger picture here is that Snowline's governing documents have conflicting language and become outdated with respect to the RCW as the years go on. No one on the board are attorneys and we are tasked with upholding the governing documents. It becomes very difficult to do so without consulting with an attorney on every decision we make because of the conflicting language. Not to mention costly to the members. We prefer not to run up the attorney cost but still have a community to maintain.
We spent thousands of dollars a few years back trying to update the Covenants and By-laws but both measures were defeated.
With the change to the RCW in 2028 our governing documents will be completely outdated and need major revisions to comply with state law. As a member of Snowline, it concerns me that we could again spend thousands of dollars to draft up new governing documents just to see it get defeated again. Let just hope we can get the membership on board to vote in something new when that time comes!