Rules and Regs

Started by TishS • 9 replies • 2166 views

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TishS (Washington)
Posts: 116

Posted:

This is just a continuation of my ongoing mess, but lets pretend everything else is normal.

I was informed today I would be receiving copies of rules and regulations. We have never had rules and regulations before. Does the membership typically vote on rules and regulations? Can you just decide to have rules and regulations or must there be a provision somewhere that would allow for them to be put in place? To what extent can you "rule and regulate"?

RogerB (Colorado)
Posts: 5,067

Posted:

Tish, the authorization to have Rules and Regulations should be in the Declaration and the Bylaws may give the power to the Board to create them. Even if the Board is given the power, rather than the association, I suggest having the association members ratify the Rules at an association meeting.

GlenL (Ohio)
Posts: 5,491

Posted:

If your CC&R's are silent on rules then Washington HOA codes give them the power to enact them. Our documents require homeowner approval always a good policy as Roger said. (Bold by me)

RCW 64.38.020 - Association powers.

Unless otherwise provided in the governing documents, an association may:

(1) Adopt and amend bylaws, rules, and regulations;

(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;

(3) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;

(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' association, but not on behalf of owners involved in disputes that are not the responsibility of the association;

(5) Make contracts and incur liabilities;

(6) Regulate the use, maintenance, repair, replacement, and modification of common areas;

(7) Cause additional improvements to be made as a part of the common areas;

(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;

(9) Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys;

(10) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas;

(11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;

(12) Exercise any other powers conferred by the bylaws;

(13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and

(14) Exercise any other powers necessary and proper for the governance and operation of the association.

Studies show that 5 out of 4 people have problems with fractions

TishS (Washington)
Posts: 116

Posted:

This association was formed in either 1986 or 1971, either way the HOA laws of washington do not apply..only after 1995. I think that as long as they do not amend the articles of incorporation the HOA RCW's do not apply.

I expect to see a rule that limits use of common property to people who have paid the money the HOA has requested, However the Bylaws say the recourse for non payment is a lien

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tish,

The BOD cannot make a rule the subject of which is not addressed in the gov docs. In other words if the gov docs do not say anything about "members in good standing" then I don't believe the board can adopt a rule saying those members cannot have use of the common areas. If the only recourse for nonpayment is to file a lien that that is the only thing the board can do. Frankly I would find that hard to believe. Surely somewhere it outlines all the enforcement procedures the assn can employ to collect delinquent assessments.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tish,

Following is the section of the Condominium Act that deals with applicability. There is no applicability provision in the HOA act so I guess it applies to all HOA no matter when they were created.

-------------------------------------------------------------------------------

RCW 64.34.010
Applicability.

(1) This chapter applies to all condominiums created within this state after July 1, 1990. RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), RCW 64.34.268 (1) through (7) and (10) (termination of condominium), RCW 64.34.212 (description of units), *RCW 64.34.304(1)(a) through (f) and (k) through (r) (powers of unit owners' association), RCW 64.34.308(1) (board of directors and officers), RCW 64.34.340 (voting—proxies), RCW 64.34.344 (tort and contract liability), RCW 64.34.354 (notification on sale of unit), RCW 64.34.360(3) (common expenses—assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW 64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), RCW 64.34.380 through 34.34.390 (reserve studies and accounts), and RCW 64.34.020 (definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state before July 1, 1990; but those sections apply only with respect to events and circumstances occurring after July 1, 1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or plans of those condominiums.

(2) The provisions of chapter 64.32 RCW do not apply to condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey maps and plans of any condominium created before July 1, 1990, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by chapter 64.32 RCW. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter which are not otherwise provided for in the declaration or chapter 64.32 RCW, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.

TishS (Washington)
Posts: 116

Posted:

The HOA law in Washington is under 64.38..they have another section for condos, but I have been told that as long

This is all part of my confusing mess of a situation, so this week. The HOA is going with this theory, our articles of incorporation say pretty much nothing. Just the form that you fill out to renew, name of officers, and purpose of corporation, the bylaws which they wrote as if they were rules and regs so they included a section on what happens if you dont pay your dues and assessments, a lien is placed on your property.

The HOA is trying to collect money, but they do not have the authority to place liens on anyone's property, unless they refer back to the CCR's (which they say have nothing to do with the HOA, because of that small problem with mandatory vs voluntary membership), so in attempt to get around this problem they are using a new rules and regulations document. I always think it is a good idea to create more screwed up paperwork

GlenL (Ohio)
Posts: 5,491

Posted:

Tish as Mary pointed out there is no before and after date in the HOA statutes as to when they apply. Here's a URL if you want to read them: http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38

Studies show that 5 out of 4 people have problems with fractions

TishS (Washington)
Posts: 116

Posted:

I would agree..however the Attorney General and two lawyers disagree. It goes by the year of formation unless the HOA voluntarily wants to comply.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tish,

If it were me, I would ask the AG and those 2 attorneys to give me the statute number and section where it says that. There is no section in 64.38 regarding the applicability which means all HOAs are covered no matter when they were formed.

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