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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33737
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in a suburb of seattle wa. our homeowners association

Customer Question

I live in a suburb of seattle wa. our homeowners association president, secretary, treasurer and registering agent have all moved and left our hoa in no one's hands. dues have not been charged or collected in 2 yrs. what can we do to regain control of this assoc?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 5 months ago.

Do you have a copy of the Bylaws of the HOA?

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If not, do any of the other owners have a copy?

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thanks

Barrister

Customer: replied 5 months ago.
i have a copy. i did not find anything regarding transfers of authority. it is apparently too large to attach here. i can send if you provide alternate address.
Expert:  Barrister replied 5 months ago.

Ok, there has to be something in the Bylaws regarding how you remove or elect new officers... The Bylaws are the governing documents and establish the rules for the HOA.

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So there might be something in the Bylaws that states something like if 51% of the owners vote in favor of having elections for new officers, then the vote carries and elections will be scheduled. Or a 51% vote is required to remove an officer.. All those rules should be in the Bylaws.

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On the odd chance that they aren't in there then RCW 64.38 sets out the default provisions in WA for removing a Board member... Specifically:

64.38.025
Board of directors—Standard of care—Restrictions—Budget—Removal from board.

"(5) The owners by a majority vote of the voting power in the association present, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any member of the board of directors with or without cause.

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thanks

Barrister

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