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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111451
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Can a WA state COA 'expel' an owner of a condo

Customer Question

Can a WA state COA 'expel' an owner of a condo association (as owner of one of the condos and titular elected Treasurer of Board of Directors of the Board of Directors - without notice - for being in arrears in paying condo fees)? The last elected President has refused all my attempts to communicate by telephone, email and in person for over year now: levied a lien on my unit for past dues; and now has refused to accept a registered letter containing a legal request to provide a Resale Certificate as req. by WA State rcws.) I finally refused to pay dues as the Assocaiton had never conformed to State to mandated COA RCW's. and an # ***** the COA's own bylaws.
Submitted: 6 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A COA cannot remove anyone from the association office or from their unit UNLESS the bylaws specify that they can do so. They can place a lien on a condo unit for non-payment of dues and seek to foreclose on that lien though, that is legal.
So, if you are arguing they have improperly placed the lien as you had good cause for non-payment because they were in breach of the bylaws and violating the RCW, you now have to sue them in court to seek to vacate the lien and also seek damages for their violations.
Customer: replied 6 months ago.
not worried about the now-singular other owner (now self-designated 'agent' for the COA) removing me from the one unit i own. she refuses to respond to my attempts to communicate, effectively, removing me from membership in the still-registered COA. is this legal?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If you owe dues then the COA can actually restrict use of any association common areas until dues are paid, which could mean pool, common buildings, parking areas. Again it is legal for them to do because the laws allow these associations to set their own rules and someone who owes dues can have membership essentially suspended in that manner.
Customer: replied 6 months ago.
but can the only other COA member - who now owns three out of the four condo units in the Association -refuse to hold the yearly membership meetings , supply minutes of BOD meetings, yearly propossed budget and yearly dues, and/or refuse to respond to certified mail requests for resale document and notification of intent to sell unit?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The association cannot refuse to hold the annual meetings required. However, if they are the only other member and can out vote you, then the meetings are a bit superfluous. If they are not holding meetings though, you can sue the association for a declaratory judgment to order them to hold the meetings as required.

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