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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27636
Experience:  JA Mentor
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I have a hoa hew refuses to answer the phone and provide me

Customer Question

I have a hoa hew refuses to answer the phone and provide me with a financial statements...and say since I pay my dues directly to their bank acount at their bank that they have no way of knowing I paid my dues even though I provide receipts of payment...and they refuse to do any repairs to property....do I need to pay legal fees to fight them even though I can provide proof they do not do their job as a hoa
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Washington
JA: Has any paperwork been filed?
Customer: No I have never filled and do not know how to feel or to hew
JA: Anything else you want the lawyer to know before I connect you?
Customer: Their is reason to believe the person in charge has ebezeld money from the association
Submitted: 25 days ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 25 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear you're having so much trouble.

If you believe members of the HOA are embezzling, call the police and file a report. That's entirely separate from all the other issues, but that's a crime.

Washington law provides that, when people who live in an HOA are required to sue for violation of their duties, the prevailing party may be awarded attorney's fees. RCW 64.38.050. You should be able to find a lawyer to accept the case with the agreement that you'll pay their fees after the case is over. It can sometimes help to talk to other homeowners in your area to see if they have the same issue with the HOA that you do - the more homeowners who can sign onto the case, the more people to help you share that expense if you don't win. Also note that you're not required to hire a lawyer at all - you could file lawsuit on your own. But if you don't have a legal background, a lawyer is easier. A lawyer can also subpoena your financial statements from the HOA, which means they'd be in contempt of court if they didn't provide them within 30 days of receiving the request.

Another option is to look into what your governing documents say about replacing members of the HOA. See if you can request a recall by a member vote, or when the next election is. Maybe you can get homeowners on the board who will be more responsive to requests for repairs and other homeowner needs.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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