Read More – Homeowners Associations (HOAs)

Washington law allows developers and/or groups of real estate homeowners to form neighborhood associations (commonly known as “homeowners associations”). In many planned communities, the developer creates a homeowners association (HOA) to implement and enforce various rules and regulations. By implementing a blanket set of rules, these HOAs can promote a certain lifestyle for each member within the development and entice potential buyers to buy within the community. Recorded instruments make these covenants court-enforceable, and the covenants generally run with the ownership of a home. Thus, a homeowner who consents to the formation and affiliation of an association generally binds individuals who later purchase the residence. These associations normally have articles and bylaws which outline their governing structure and establish certain constraints to what a person can or cannot do with his or her home.

While those living within the community are members of the association and enjoy the benefits of the community, each member is bound by the rules and regulations. The HOA and its board members are the enforcing arm of the association and can enforce the governing rules by bringing legal actions against violators. An HOA also has the power to charge violators for actions it has taken against them and can place a lien against the property of a person who fails to pay.

Return to Real Estate Law Practice