What is the procedure for appointing a receiver to oversee an HOA?
In Washington, the procedure for appointing a receiver to oversee a Homeowner’s Association (HOA) is outlined in RCW 64.34. The Washington State Superior Court is the agency responsible for making the appointment. When considering the appointment of a receiver, the court will evaluate whether the HOA has sufficient assets to pay a receiver and whether a receiver will serve the association’s best interests. To begin the appointment process, the court must have a petition submitted requesting a hearing regarding the appointment of a receiver. As part of the petition, the petitioner must provide the court with a list of potential receivers, including their credentials and relevant experience. The court may then decide to accept or deny the petition, or set a date for a hearing to determine whether the appointment is necessary. After the hearing, if the court decides to appoint a receiver, it will issue a court order with the necessary information. This order must include the name of the receiver, the receiver’s qualifications, and the tasks the receiver will be responsible for. Furthermore, the order will also outline the receiver’s duties, as well as any remuneration they may be entitled to. Once a receiver is appointed, they must report to the court every six months, updating the court on their progress. The court then reviews the receiver’s progress and determines whether the receiver should continue or be removed. The court has final say in deciding whether or not to appoint or remove the receiver.
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