Dear Legislators,
Thank you for your efforts to improve HOA laws within Washington state. As a constituent within WA state whose HOA falls under 64.38.xx,
I am generally in favor of simplifying and unifying the tax code so that all HOAs are subject to the same set of laws.
However, I am also keenly aware that HOA law is universally unenforceable for the homeowner in the event that their board of directors (BOD) does not also comply with the law. All compliance is in their favor, up to and including foreclosure. If my board does not follow the law, as a homeowner, my only current recourse is to spend untold thousands in civil litigation. This inequity is unfair, burdensome, and creates a system rife for BOD abuse. Nationally, there is story after story of these abuses, with embezzlement, targeting of homeowners, dictatorial and selective enforcement, fining without proof or evidence and on and on. Many such stories exist in our state:
https://www.king5.com/…/homeowners-call…/281-347849705
https://hoa-review.com/…/surfside-hoa-vs-johansen-shed…/
and on and on and on.
Personally, I am for abolition of HOAs and would encourage the legislature to explore that option. However, working within the current system, I would ask you to create a mechanism within the state for homeowner enforcement that would serve as a homeowner ombudsman who is imbued with the ability to enforce state statutes with appropriate penalties for wayward Boards. Additionally, these boards, if found to be in opposition to law, should be PERSONALLY liable. Insurance should not cover their willful acts.
As to SB 5796, I am aware of the fact that RiseUPWA has already sent a long list of the bill’s deficiencies, so I won’t repeat that list here. I would urge you to explore and correct those before moving the bill forward.
Again, thank you for your difficult work as legislators. Please keep us lowly homeowners in the back of your mind as you work towards HOA fairness in Washington state.