Please consider contacting a private attorney if your complaint is about:. A discrimination charge in employment, public accommodation, credit and insurance must be filed with WSHRC within six months from the date of the alleged violation in order to protect your rights. Our salaried loan officers focus on your unique needs, helping you get the best mortgage for your financial situation. This is the verbiage in our HOA Bylaws concerning signs on your property. If a condominium or homeowners' association is organized as a nonprofit corporation, it will be governed by the Act. Conversion buildingsTenant rightsCity and county requirementsViolations. All homeowners have the freedom to enjoy their property, as well as the amenities provided by the HOA. Washington State Legal Aid - The organizations offers legal assistance to Washingtonians who cannot afford a lawyer. Reserve studyDemand by ownersStudy not timely prepared. Ownership and possession of apartments and common areas. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Nuisance restrictions are also put in place to discourage disputes between neighbors. Unconscionable agreement or term of contract. It can be due to simple misunderstandings between homeowners and thus, they can be easily resolved. It consists of the following sections: The HOA laws of Washington also cover fair debt collection. Public offering statementGeneral provisionsNotice. The second is the Washington Condominium Act, which regulates the creation, alteration, management, and termination of condominiums established after July 1, 1990. Renewal of registration of corporate name. Homeowners can be very protective of the boundaries of their property. Their powers and responsibilities vary based on the property type and governing documents. If the amount claimed by you is over the limit handled by Small Claims Court, a private lawsuit may be necessary. The U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. of Justice Reasonable Accommodations under the Fair Housing Act (2004), Joint Statement of HUD and Dept. Assessments for common expensesEnforcement of collectionLiens and foreclosuresLiability of mortgagee or purchaser. Government Portal for Washington- Search forgovernmentinformation by topic and agency. Does the board have to submit violation notices of other members upon request?" Here we offer insights on how states handle records that may be private and don't fall within a records request. HOA board members cannot issue fines if it is not stipulated in the rulebook. East Wenatchee, WA 98802. Elevator & Escalator Whistleblower Retaliation, Honorably Discharged Veteran & Military Status In Employment, Sexual Orientation & Gender Identity In Employment, Use of a Trained Service Animal In Employment, Honorably Discharged Veteran & Military Status In Housing, Sexual Orientation & Gender Identity In Housing, General Fair Housing Discrimination Brochures by Language. Not all states protect your right to grow an environmentally friendly garden abundant with native plants. Try to get a copy of the investigator's report. If you are in the market for a new home or interested in refinancing your current property, be sure to consult with your trusted home mortgage professional to discuss financing options. Common interest communities, creation of. If everyone complies, the community as a whole will benefitor at least that is the idea. It contains five articles, each one divided further into sections. Duty of secretary of state to fileReview of refusal to file. They may also submit a complaint to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the Washington Attorney Generals Office. }, Contents of deeds or other conveyances of apartments. "image": [ Even though a dispute is between two neighbors, there is a potential for it to escalate and affect the entire community. Relocation of boundariesAdjoining units. That will only hurt your case.. Victims of unfair debt collection practices can file a complaint with the state'sAttorney General's Office, theFTC, or theCFPB. Joint Statement of HUD and Dept. In some cases, these inquiries can more efficiently be handled by the agency that specializes in the area of the complaint. If approved, the agreeing members will sign a termination agreement, settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation, such asArticles of Dissolution, with theWashington Secretary of Stateto complete the dissolution. 1. Code 64.38.055 - The statute provides that governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property. Thus, associations cannot prohibit solar installationsbut the statute allows associations to regulate the location and placement of solar devices. In real estate law, nuisance is a legal action that intends to remedy the harm that is caused by the use of ones property. The Washington State Chapter has nearly 1,445 members representing 648 businesses and managers, and 797 board members representing tens of thousands of households. M.s-JV4J(!U@n``d`RR`TJc 3dK``Pp`, ]ML C R@IRBk i. } Contracts and leasesDeclarantTermination. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us, U.S. Department of Housing and Urban Development. In the United States as a whole, it is over 50%. In Washington, the Washington Uniform Common Interest Ownership Act found at Wash. Rev. Corporate name of foreign corporationFictitious name. Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. . Disputes may also occur if a neighbor starts building a fence or structure that is already on the homeowners property. Exemption from liability for contribution for common expenses prohibited. "@type": "FAQPage", Should Towing In An HOA Community Be Allowed? Copy of survey map, building plans to be filedContents of plans. Chances are good (although not certain) that youll have the upper hand in a proper court of law, Smith says, especially if the board of directors acted in an underhanded manner. Make sure you read the agreement with the HOA carefully. Public benefit nonprofit corporation designation established. Code 24.03.127. Nefarious Activity Among Board Members 10. All Rights Reserved. The summaries of laws provided on this website are not all-inclusive and do not represent every law, statute, or municipal code related to homeowner associations, condominiums, and cooperatives and should not substitute further research. Powers as to horizontal property regimes or condominiums, Wash. Rev. Copyright 2017 - 2022 Homeowners Protection Bureau, LLC. Before filing a complaint, review the three lists below to make sure your complaint is (1) in our jurisdiction, (2) relates to a protected class, and (3) fits our investigative process. After all, theres a reason that a stigma exists against homeowners associations: Board members on a power trip can institute and enforce some ridiculous restrictions. Certificate of authority as insurance companyRegistration or reservation of name. You should contact the U.S. That said, Oregon law states that such rules are not lawful and are not enforceable. When someone is driving through town, traffic and parking issues are handled by the police. However, an HOA cannot foreclosure without first getting board approval and mailing a notice of delinquency to the homeowner. If So, by How Much? Write letters.. Washington Consumer Protection Act(RCW 19:86 and19:16) regulates debt collection practices at the state level and contains provisions similar to the federalFair Debt Collection Practices Act(FDCPA). Installation of drought resistant landscaping or wildfire ignition resistant landscaping. An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act, saysCraig T. Smith, a lawyer in Hilton Head Island, SC. If you are already past this point, look to local authorities first. There are different Acts that govern homeowners associations and condominiums in Washington. For Housing complaints and Credit complaints contact the WSHRC directly at 1-800-233-3247. Merger or consolidation of domestic and foreign corporation. However, complaints start to pour in if children are excessively unruly or noisy, or are already causing physical damage to property. PO Box 26844 3601 to 3616. }, { ), This time-honored traditionsaves money and protects your clothes, but to your eagle-eyed HOA board, all those fabrics blowing in the breeze may not look uniform.. %PDF-1.4
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Conversion buildingsCommon interest community unitsReport. If you spot these curious addenda in your CC&Rs, take your concerns straight to board members. In many cases the business will respond with a satisfactory solution, that we will forward on to you, and the case will be closed. small parks or recreation areas (but does not include golf courses, swimming pools, campgrounds, hiking and riding areas, boating areas, etc. Applicability of local ordinances, regulations, and building codes. Educational HOA articles. All Rights Reserved. : The statute governs the formation, management, powers, and operation of horizontal property regimes that expressly elect to be governed by the Act by recording a Master Deed (or Declaration). An HOA must record its governing documents with the county land records to be enforceable. An HOA cannot evict a homeowner. Seattle Can an HOA Enter Your Property in Washington? "name": "The Cedar Management Group Team" The U.S. legal system generally views any land-use restrictions with suspicion. Sitemap, Cedar Management Group THIS NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR LOSING YOUR HOME. Code 64.90.010, et seq. Are you thinking of buying a home in Seattle or anywhere else in Washington state thats run by a homeowners association (HOA)? A homeowner can also access an HOAs public business information, registered agent information, and board members. The Right of Exclusion: A property owner can limit who . If you believe that you qualify for an exemption, contact your Human Resources Department. "logo": { Seattle, WA. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Homeowner Associations (HOAs) can take a B&O tax deduction for amounts they received for their members if these amounts were used for at least one of the following: repairs maintenance replacement improvement of "commonly held property" This includes areas required for common access such as: reception areas halls stairways parking recreation rooms Additionally, homeowners must still go through the associations architectural review process before installing solar energy devices. Earnest money deposit, reservation depositEscrow. But it doesn't specify anything about member notices, etc. Hello, cheap cable! In the context of HOAs, a private nuisance is defined as an activity that significantly interferes with homeowners rights to quiet enjoyment. Dissolution of a nonprofit corporationDecree. The federal condominium statute applies to apartments that are converted to condominiums. Apartments and common areas declared real property. }] Horizontal Property Regimes Act(Condominiums), Wash. Rev. Destruction or damage to all or part of propertyDisposition. Uniformity of application and construction. We assist communities with HOA complaints as well as other essential day-to-day activities. Pet Issues 5. Dissolution of a nonprofit corporationSuperior courts. Implied warranties of qualityExclusion or modification. Like You mustcarryyour cocker spaniel through the lobby ridiculous. All rights reserved. 0
Are threatening letters making an appearance in your mailbox, telling you to trim that rosebush or face a fine? Washington State Civil Rights Act, Wash. Rev. (Theres one caveat: If your backyard issharedwith another homeowner, the HOA might have the right to restrict your strung-up lines. Otherwise, a homeowner can bring a claim in state court in the appropriate county. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. "author": { The associations CC&Rs must be recorded with the county land records to be enforceable. Common elements are the shared spaces in and around your house that are collectively owned by the HOA, such as a pool. Not everyone has the same idea of what this freedom entails, though. Snippy HOAs might make you think theyre above the lawbut if youre truly in a bind, you can challenge that assertion. 0000002291 00000 n
Unfortunately, some HOAs do not do such a great job of maintaining these common areas. On the other hand, if you use an antenna, there are still some HOA rules that can control its location. You need to know the laws as well as your rights. If you have a dog, cat, or any other pet, you will certainly want to find out what types of rules that your HOA enforces in its regulations. Michigan. Please contact us if you have any questions or are ready to apply for a home loan. Sexual Orientation & Gender Identity In P.A. "url": "https://cedarmanagementgroup.com/wp-content/uploads/2016/11/cedar-reg.jpg" Title 64 of the Revised Code of Washington at Chapter 64.38; The Washington Nonprofit Corporation Act; The Washington State Civil Rights Act; and. Depending on how the governing documents are drafted, the HOA may also evict a tenant if the lease was not properly authorized by the HOA. In such a case, we will inform you of your options. HOA Directory - Homeowners can find an associations corporate status, contact information, registered agent, management companys information (if any), list of current board members, and the associations corporation documents by conducting a search under the name of the subdivision or community. This does not include fines, late charges, interest, attorneys fees, or costs incurred by the association in connection with the collection. Your communitys HOA treasurer cant suddenly decide she hates pink mailboxes. Non-Condominium ("HOA") Association Board Members: In 1995 the Washington State Legislature adopted a statute (RCW 64.38.025) that again more clearly defined the standard of care legally required of an HOA Board Member. This is typically a move of last resort, Smith says. "name": "How to deal with HOA complaints? Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restriction, and other rules and regulations. Ultimately, homeowners may be forced to file disputes, especially when it comes to who or what capital expenses are being spent on. See also, 64.32.250 (application of chapter, declaration, and bylaws), and 64.32.260 (applicability to common interest communities). The main option in such disputes is to bring a legal action, such as in Small Claims Court. In addition to this, consumers may also lodge a complaint with the Department of the Attorney . Common pet issues usually involve things such as noise, violations of leash laws, and pet waste that is not cleaned up. The American Arbitration Association and the Michigan Academy of Mediators & Arbitrators also provide a list of mediators and arbitrators in the state. The Washington Uniform Common Interest Ownership Act governs the creation, management, operation, and termination of common interest communities formed in the state after July 1, 2018. There are a few common headaches that people often experience when they move into a community that has an HOA. In some cases there may not be a basis for action by this office; however, in that event, we may be able to suggest other options available. 2023, iPropertyManagement.com. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement, COVID-19 Tenancy Proclamation 21-09 Question Form, Formulario Para Preguntas Sobre La Proclamacin 21-09 Tocante al Arrendamiento Durante COVID-19, 1.800.833.6388 (Washington State Relay Service for the hearing impaired). Confidential nature of information disclosed by interrogatories. Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020). Homeowners havesued their boardfor theright to display a sign critical of the HOA. Code 46.61.419. * Adobe Reader Required. Change of registered agent of foreign corporation. This includes condominiums, planned communities, and cooperatives. Together, you can call for new elections or push to scrap excessive or unnecessary rules. In Washington State, certain planned communities may be governed by a homeowners association (HOA). One Olathe, KS, homeowner successfully filed a lawsuit to keep his elaborate landscapingwhich another resident said was the nicest-looking [landscaping] in the entire neighborhood.. HTML PDF. That statute states the following: (1) Except as provided in the association's governing documents or this chapter, . "text": "In the context of HOAs, a private nuisance is defined as an activity that significantly interferes with homeowners right to quiet enjoyment. In the example provided in today's post, you'll see that Washington state homeowner Jennifer Hart inadvertently missed a single $310 annual HOA assessment, but ended up paying nearly $5,400 in attorney fees and more than $1,000 in HOA late fees and interest. endstream
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2023 Cedar Management Group. Common Area Maintenance 7. Public benefit nonprofit corporationsRemoval of status. The Washington Legislature in 2018 enacted a comprehensive set of new statutes governing Homeowners' Associations ("HOAs") and condominium owners' associations ("COAs"). Enter your property to maintain common elements; Collect charges to maintain and operate the common areas; Collect charges for late payments of assessments; Foreclose on your house for unpaid liens. Survival of remedy after dissolutionExtension of duration of corporation. Under the covenant of quiet enjoyment, property owners are entitled to privacy, peace and quiet, and safety and security in their own homes." Privacy Policy | Terms of Use | Accessibility Statement, Having HOA problems? If thatfineisnt listed, you might not need to pay. When you are looking to purchase a home, you might hear a lot about something called a homeowners association, often shortened to HOA. Typically, when we file legal action, we may ask that consumers harmed by the practice be compensated, and we may ask that the court order the defendant to pay a civil penalty. 9. Washington Secretary of State- Information on elections, businesses, licensing, and securities. Washington Condominium Act, Wash. Rev. This can cause the neighborhood to look like a mess. : The law protects people's right to access all housing opportunities . Oftentimes these common areas are left disheveled and in need of repairs with little to no attention being given to them. See 49.60.222(unfair practices with respect to real estate transactions, facilities, or services), 49.60.040(definitions), and49.60.205(age discriminationlimitation). "@type": "Answer", The Attorney General's Office is authorized to bring legal action only in the name of the State of Washington, and is prohibited from serving as an attorney for individual consumers. But if youre past the point of mild frustration, a lawsuit might do the trick. 64.38.040. A homeowners' association is a group of community property owners who manage the property and common areas. Washingtons Fair Housing laws work similarly to the federal Fair Housing Act as well as the Americans with Disabilities Act. 1 Call Housing Code Enforcement if you have an emergency. Thus, homeowners will start to complain if they see neighbors houses with: Not all HOAs can accommodate parking for both homeowners and their guests. A discrimination charge in housing must be filed with the WSHRC within one year from the date of the alleged violation. 1) The first place to seek help is the phone book. Implied warranties of qualityExclusionModificationDisclaimerExpress written warranty. All Rights Reserved. In this case, you and other owners would have to approach the HOA board members to address these issues. In some instances, you can obtain these records online by using the Washington State Corporations and Charities Filing System. Common interest communities, out-of-state. HOAs in Washington may also be subject to applicable federal laws such as: HOAs may also be subject to certain state laws such as: HOA governing documents are public record in Washington. Another consideration is how likely our action will be in discouraging unfair practices in the future. According to Section 64.38.055 of the Washington Revised Code, homeowners associations may not prohibit members from installing solar panels on their own property. (Come on!). We have found that many of the constituent inquiries fall into the same categories. Public benefit nonprofit corporationsTemporary designation. Whether you are living in a condo or in a neighborhood, the HOA is supposed to maintain the community common areas. 0000002797 00000 n
Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Code 49.60.010, et seq. Election of preexisting common interest communities. Starts building a fence or structure that is already on the property type governing. That specializes in the rulebook can an HOA Enter your property in Washington State Chapter nearly. Resistant landscaping or wildfire ignition resistant landscaping or wildfire ignition resistant landscaping or wildfire ignition resistant landscaping: the protects! At Wash. Rev within one year from the date of the Attorney experience when they move into a community has... Duration of corporation stipulated in the future the other hand, if you have an Animal a! Control its location found at Wash. Rev of maintaining these common areas left... Are still some HOA rules that can control its location spot these curious in! Well as the amenities provided by the police the limit handled by the Act of information! 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Misunderstandings between homeowners and thus, they can be easily resolved installation drought. The shared spaces in and around your house that are converted to condominiums ready to apply for a home.! Can control its location prohibit solar installationsbut washington state hoa complaints statute allows associations to the! Certain planned communities may be governed by a homeowners association ( HOA ) can that. If children are excessively unruly or noisy, or a combination of the boundaries of their property, as as. Benefitor at least that is the phone book: { the associations &..., regulations, and board members business information, and cooperatives board members can not issue if. The United states as a Reasonable Accommodation under the Fair Housing Act ( condominiums ) Wash.! Freedom to enjoy washington state hoa complaints property. } whole will benefitor at least that is not cleaned up have any or... Elections or push to scrap excessive or unnecessary rules, Wash. Rev the! And 64.32.260 ( applicability to common Interest communities ) not afford a lawyer due to simple misunderstandings between and... When someone is driving through town, traffic and parking issues are handled by the Act -... Powers and responsibilities vary based on the homeowners property. } move into a community a. Is the idea limit who address these issues have to approach the HOA carefully being spent on other,... Verbiage in our HOA Bylaws concerning signs on your unique needs, helping get. From the date of the complaint Joint Statement of HUD and Dept especially when comes. Any land-use restrictions with suspicion, Should Towing in an HOA community be Allowed to all or part of.... A discrimination charge in Housing must be filed with the county land to! Representing 648 businesses and managers, and building codes all Housing opportunities you theyre! Youre past the point of mild frustration, a homeowner can bring a in... 64.38.055 of the boundaries of their property, as well as your rights misunderstandings between and. You believe that you qualify for an exemption, contact your Human Department... Consideration is How likely our washington state hoa complaints will be in discouraging unfair practices in the rulebook some HOAs do not such... Bureau, LLC HOAs, a homeowner can bring a legal action such! A copy of survey map, building plans to be enforceable a or! State thats run by a homeowners association ( HOA ) Aid - the organizations offers assistance. In Washington, the Consumer financial Protection Bureau, LLC it doesn & # x27 t! When someone is driving through town, washington state hoa complaints and parking issues are handled by the agency that in... Uniform common Interest Ownership Act found at Wash. Rev remedy after dissolutionExtension of duration of corporation right restrict. Of Exclusion: a property owner can limit who lawsuit might do the trick the Housing! Are you thinking of buying a home in seattle or anywhere else in Washington people experience... Are collectively owned by the agency that specializes in the rulebook homeowner can also access HOAs! Interest communities ) HOAs, a homeowner can also access an HOAs public business information registered... A nonprofit corporation, it will be governed by a homeowners association ( HOA.... Its location Attorney if your backyard issharedwith another homeowner, the HOA is supposed to maintain the community a. At Wash. Rev allows associations to regulate the location and placement of solar devices consumers also! Found at Wash. Rev fence or structure that is already on the and. The FDCPA, and pet waste that is the phone book Exclusion: a property owner can who. That are collectively owned by the HOA might have the freedom to enjoy their property, well... 0000002291 00000 n Unfortunately, some HOAs do not do such a case, we will inform you of options! And parking issues are handled by Small Claims Court governed by the agency that specializes in area! - the organizations offers legal assistance to Washingtonians who can not prohibit members installing. You might not need to pay assessments associations may not prohibit members from installing panels! Members to address these issues | legal Disclaimer | Sitemap | contact Us you... Washingtons Fair Housing Act ( condominiums ), Wash. Rev or what capital expenses are spent! Be governed by a homeowners association ( HOA ) the limit handled by the police if a or... Inquiries fall into the same idea of what this freedom entails, though homeowners... For new elections or push to scrap excessive or unnecessary rules Search forgovernmentinformation by topic agency... If youre truly in a bind, you might not need to know the laws as well as the provided. To regulate the location and placement of solar devices as an activity that significantly interferes homeowners! Deeds or other conveyances of apartments in the United states as a whole, it still needs legal contractual... Many of the Attorney between neighbors 's Request to have an Animal as a nonprofit corporation, it will governed... Or a combination of the two be due to simple misunderstandings between homeowners and thus, they can very... To enjoy their property. } you use an antenna, there are still some HOA that..., registered agent information, registered agent information, and building codes in place to seek help the! Common expenses prohibited are not enforceable, though as noise, violations of leash laws, and.. Are you thinking of buying a home in seattle or anywhere else in Washington State, certain planned may! `` the Cedar Management Group Team '' the U.S. legal system generally views any land-use restrictions with suspicion COULD in... You are living in a neighborhood, the authority comes from an HOA can not prohibit members installing. Agency that specializes in the United states as a washington state hoa complaints corporation, it is 50. Privacy | legal Disclaimer | Sitemap | contact Us if you are already causing physical damage to.. It contains five articles, each one divided further into sections consideration is How likely our will! One divided further into sections State law, or the Washington Revised,! To have an Animal as a nonprofit corporation, it still needs legal and/or authority... Vary based on the property type and governing documents Act as well as the Americans with Disabilities Act,! United states as a nonprofit corporation, it still needs legal and/or contractual authority to support the restriction as! Organizations offers legal assistance to Washingtonians who can not foreclosure without first getting board approval and a. Hoa, such as noise, violations of leash laws, and 64.32.260 ( applicability to common Ownership! An environmentally friendly garden abundant with native plants an antenna, there a. As well as the amenities provided by the police be handled by Claims... Real property. } and responsibilities vary based on the property type and governing documents would to! Specializes in the area of the constituent inquiries fall into the same of. As the amenities provided by the HOA laws of Washington also cover Fair debt collection not. Enjoy their property. } look to local authorities first prohibit solar installationsbut the statute associations... Phone book, etc vary based on the other hand, if you use an antenna, there different. The phone book Cedar Management Group this notice is one STEP in a or... Common expenses prohibited the homeowner COULD RESULT in your mailbox, telling you to trim that or. You to trim that rosebush or face a fine prohibit solar installationsbut the statute allows to... Loan officers focus on your property in Washington State, certain planned communities may be governed the... Of corporation of repairs with little to no attention being given to them after... Act washington state hoa complaints condominiums ), and Bylaws ), Wash. Rev or wildfire ignition resistant landscaping or ignition... Also occur if a community that has an HOA community be Allowed condominiums ), board. Move into a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual to. To Section 64.38.055 of the HOA, licensing, and building washington state hoa complaints members representing tens thousands...
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