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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111449
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My name is ***** *****, and I'm trying to help my mom. I

Customer Question

Customer: Hi, My name is ***** *****, and I'm trying to help my mom. I have a question as a follow up to what is listed on this page. Expert: Roger replied 6 years ago.Sure. If there are no board members, no association meetings, no dues being collected or used, it would be considered dormant. However, if you don't have a board, it is possible that the whole operation is invalid. Without a board, nothing can be done. What is the RCW for this? I can't find it anywhere?!?
JA: Thanks. Can you give me any more details about your issue?
Customer: The homeowner's association feel apart years ago (as I understand all of this). Our neighbor, who I have a restraining order against, has decided to sue my parents to retaliate. She is claiming the covenents (which my folks has submitted pics of her violating). Our neighbor found this quote on your site, but we can't find the rcw.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: This neighbor is trying to enforce covenants from a defunct association, basically. yes!
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Customer: ok
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 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.
Under Administrative Dissolution, RCW 24.03.302, if the association/organization has failed to maintain an agent or a board, it is considered administratively dissolved. If the members seek to resurrect the association they may do so by holding a meeting and electing a proper board and agent, but until they do the only way they can enforce the covenants (which run with the deed to the land) is through suit in court.
Customer: replied 11 months ago.
Oh thank you so much! There isn't a board. Just this one woman cherry picking what she wants to enforce (she has no problems breaking the covenants and our security cameras have plenty of pics for court). Does she have a right to sue under this? We have plenty to show the motivation (harassment) and that any complaint she has was related to protecting me (restraining order-which the judge agreed with).
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
The only way she can enforce anything is sue members for breach of contract (the covenants). She can be countersued if she tries that. However, until she sues in court, her grumbling is meaningless as she has no authority or power.
Customer: replied 11 months ago.
ok, then I'm confused. this was the post. "Sure. If there are no board members, no association meetings, no dues being collected or used, it would be considered dormant.However, if you don't have a board, it is possible that the whole operation is invalid. Without a board, nothing can be done.
Roger
Roger
Litigation Attorney
Avg. question only $36
BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters" why would she have the right to sue in the first place if it's just her? There is no board, no dues, and she has already filed suit.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Even though there is no association, because it is dormant, the members who live in the area are bound by the covenants. Covenants are not bylaws, they are a contract that attaches to the deed of your property like a contract. So if you are violating the deed covenants anyone who resides in the area and is claiming harm from you violating the covenants could sue for you violating deed restrictions.

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