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I purchased a home in 2015 from a home builder that built 4…

Hi, I purchased a...

Hi, I purchased a home in 2015 from a home builder that built 4 homes on a piece of land. Our home is a townhome attached to another home and there is another building just like ours. When I purchased the home there was no disclosure of an HOA and the title company search turned up no record of an HOA, and there were no CC&R's provided to me. Another Developer came in and built approximately 12-14 more homes, just like ours, around us, and established an HOA. The HOA Management Company has been trying to collect a capital contribution fee, as well as quarterly dues from me for the past year and a half. I sent a cease and desist letter that stated they were no authorized to trespass on my property, or due any work or make improvements to my property, and directed them to cease and desist from contacting me, and further collection efforts. A year later (last week) they sent a letter stating that my account was in suspense, and at the recent Board of Directors meeting, the Board voted to collect the outstanding dues from me ($1200). I called them today to calmly discuss this issue and told them that I wanted to make sure that we were on the same page, prior to me contacting the State of Washington Real Estate Commision to file a complaint. I told them that in the State of Washington, I cannot be forced into an HOA that was created after I purchased my home, whener no HOA existed at the time of purchase. I also told them that I have made improvements to my property, that may or may not be allowed under there CC&R's that I have never seen. They asked me to cite the law to them so that we can come to a resolution on this. I've read Chapter 64.38, but I don't see any reference that addresses my specific issue, and I was hoping that you could provide me with specific references to support our position, if they do in fact exist, and my position is correct. Thanks!

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I've sent a cease and desist letter

Lawyer's Assistant: Have you talked to a WA lawyer about this?

No

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Answered in 1 day by:
3/28/2018
Josie-Mod
Category: Real Estate Law
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
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Customer reply replied 3 months ago
Sure I can wait. I need to respond to the HOA in the next day or so. Do you know how long it will take?
Thanks
Hello again,
We can not predict or guarantee response time, just because the volume of questions, number of Experts online, complexity of questions, and other factors vary.
Thank you for your response, your question is open to all Experts.
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Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,097
Experience: Real Estate Attorney with over 25 years experience
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Hello. Let me see if I can assist. Give me a moment to review and type my reply.

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Customer reply replied 3 months ago
Great thanks.

U​nder Statute 64.38.10 -- your property must fall within the Association's jurisdiction for your to be bound by their rules, regulations and assessments.

(12) "Lot" means a physical portion of the real property located within an association's jurisdiction designated for separate ownership.

If your property was not part of their jurisdiction at the time you purchased your lot, it cannot apply retroactively without your consent, approval or voluntary membership into the Association.

You may have to litigate this issue with the Association if they persist in trying to collect assessments from you.

Have I answered all your questions?
If so, please be sure to accept my response and post a positive 5-star rating.

Lori
Lori, Lawyer
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Customer reply replied 3 months ago
That answers my question. Thank you!
Joycelaw
Joycelaw, Attorney
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