What legal remedies are available to an HOA that violates its own rules?
In Washington, homeowners associations (HOAs) are subject to a body of laws that dictate how they must operate. If an HOA violates its own rules, the members of the HOA have various legal remedies available to them. One option is for the HOA members to adopt a resolution that places the HOA back in compliance with its own rules or to amend the rules so that the HOA is in compliance. This is a common remedy and is usually the quickest way to resolve such issues. If the HOA refuses to correct the violation, the members may seek legal help and may pursue a lawsuit against the HOA in order to obtain an injunction or other equitable relief. This is a more drastic remedy and may require considerable time and money. Additionally, a member of the HOA may file a complaint with the Washington State Department of Regulatory Agencies, which is responsible for enforcing HOA regulations in the state. The Department will then investigate the complaint and may take disciplinary action against the HOA if the board of directors is found to be in violation of its own rules. Finally, members of the HOA can file a complaint with the police or with the local county prosecutor if the violation is deemed to be a criminal matter. This could include cases of fraud, bribery, or other illegal activities that the HOA may have engaged in. Regardless of the legal remedy the HOA members choose, it is important to remember that the HOA is a legal entity and must adhere to its own rules and regulations. If it fails to do so, the board of directors and the individual members of the HOA may face serious legal consequences.
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