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I moved into a condo last November (2020) and have had nonstop issues with my HOA and the property management company. Would love some advice or if anyone is familiar with HOA laws in Washington state.
1. HOA President lives below me and has banged loudly on my floor multiple times outside of quiet hours. Usually I am walking around or making dinner. I also know that the previous owner of my unit obtained a restraining order against him for harrassment. He and his wife are both on the board - is this legal?
2. Additionally, I believe his wife bought the property before they were married so it's in her name. Is he even technically an owner?
3. Property management company failed to provide me with Rules and Regulations or Fees/Fines Schedule in my Resale Certificate, which I know is illegal. They continue to deny this even though I still have access to the digital packet I received to prove this. Is there anything I can do?
4. Property management company is incompetent. They don't provide requested documentation when they give me violations, they consistently contradict themselves in their emails and provide false information. They assess fines to my account without explanation, notice, or opportunity for a hearing and it takes 4 or 5 emails back and forth for them to figure out what is going on. Assuming I should take this to the board and try to convince them to switch companies?
5. They send me violations (such as noise complaints) missing key information such as the date, time, and description of what happened. They refuse to disclose who lodged the complaints (even though I know who it was). Am I entitled to know who complained/view the written complaint? It seems impossible to dispute something in a hearing without knowing who filed the complaint.
Any and all help is greatly appreciated! Thank you in advance!
Just wondering, have you attended a community meeting with the board of directors yet? Have you heard the same complaints from other homeowners who currently live there?
While I think having both spouses on the same BOD is questionable, I don't think it is illegal. I think your beef is with the HOA and your anger toward the Property Manager is misdirected. There should be a way in your state to file a complaint, but you need to confirm your options through the condo CC&R. This is available as public record in your municipality since it sounds like you didn't get a full copy of those documents from your original post.
As far as the noise complaints, I doubt there is a requirement to identify who is complaining. Those complaints are generally filed anonymously.
I suggest that you talk with an attorney if you feel strongly enough about this. Not much anyone can do on an internet site like this one.
Just wondering, have you attended a community meeting with the board of directors yet? Have you heard the same complaints from other homeowners who currently live there?
While I think having both spouses on the same BOD is questionable, I don't think it is illegal. I think your beef is with the HOA and your anger toward the Property Manager is misdirected. There should be a way in your state to file a complaint, but you need to confirm your options through the condo CC&R. This is available as public record in your municipality since it sounds like you didn't get a full copy of those documents from your original post.
As far as the noise complaints, I doubt there is a requirement to identify who is complaining. Those complaints are generally filed anonymously.
I suggest that you talk with an attorney if you feel strongly enough about this. Not much anyone can do on an internet site like this one.
They have only held one meeting since I have moved in, the annual one, which was held via zoom. I did attend but mostly only parking and budgets were discussed. It did seem like a few other owners were frustrated with how over complicated they were making the parking situation but honestly there were barely any homeowners in attendance. I know that the previous 2 owners of my specific unit have experienced issues with the President and felt targeted by him and his wife, so there’s definitely a pattern.
I have the complete rules, bylaws, and CC&Rs now, I have read through them multiple times but they are very poorly written. Additionally, I can tell by Yelp and BBB reviews that the property management company has some serious issues.
I know in the state of Washington you are entitled to a hearing before the board to contest any violation. I don’t understand how I can contest a violation if I don’t even know who filed it. How do I know they even have the correct unit? The complaints are always at times when I’m literally asleep.
I have copied 3 family members who are attorneys on all of my emails between the property management company but they don’t seem to care. One of them specifically deals with condos and HOAs but is not licensed in Washington. Rather than bother her, I wanted to see if anyone else had advice or experienced something similar.
Maybe you could have some type of chat with the board president. A strongly worded letter explaining your concerns to the board from an attorney will go a long way. I would pay close attention to your condo documents to determine the proper procedure your CC&R has for such complaints and/or fines. Have you had to pay any fines yet?
Sorry to say, but there are no easy answers. Be the better person and do things the official, correct way no matter what happens.
I don't know the regulations in Washington about condos. My opinions are based on my experience in Florida as an owner of a townhouse and a member of the local Board of Directors for my HOA.
Also, the property manager works for the Board. I've seen instances where any communication from a resident to the manager has to go through a Board member.
Maybe you could have some type of chat with the board president. A strongly worded letter explaining your concerns to the board from an attorney will go a long way. I would pay close attention to your condo documents to determine the proper procedure your CC&R has for such complaints and/or fines. Have you had to pay any fines yet?
Sorry to say, but there are no easy answers. Be the better person and do things the official, correct way no matter what happens.
I don't know the regulations in Washington about condos. My opinions are based on my experience in Florida as an owner of a townhouse and a member of the local Board of Directors for my HOA.
I am pretty against talking with the board president since he came to my doorstep and screamed and cussed at me the week after moving in. I filed a complaint with the police that day. Therefore, I'm thinking I will have to go the route of a letter from my attorney. I have not had to pay fines yet, but it took about 50 emails back and forth to get them to remove the fines that were unfairly assessed to me (per the rules that I finally received), and now more are being added for false claims.
I have avoided filing any noise complaints against the board president, even when he bangs on my floor. I have kept a log of all instances but am trying to avoid accusations of retaliation or muddying the waters further.
Excellent decision to document such incidents to strengthen your case against the board and the president of that board. It will make your case much stronger and will ultimately help you tremendously. If there are any updates, please update the community as most folks like to know what happened next with situations like yours.
Also, the property manager works for the Board. I've seen instances where any communication from a resident to the manager has to go through a Board member.
Parking is a constant issue.
I guess this is where one of my biggest concerns lies. The Board president is the one lodging complaints against me, but then when I question the validity of these violations or attempt to get more information from the property management company, they are then passing these questions through him? Isn't that a huge conflict of interest?
I guess this is where one of my biggest concerns lies. The Board president is the one lodging complaints against me, but then when I question the validity of these violations or attempt to get more information from the property management company, they are then passing these questions through him? Isn't that a huge conflict of interest?
Conflict of interest? Not really. The management company does just that, it "manages". Usually finances and, as you've found out, dealing with parking issues and late dues. Sometimes resident complaints, but the final authority is the Board.
...... when I question the validity of these violations or attempt to get more information from the property management company, they are then passing these questions through him? Isn't that a huge conflict of interest?
No, it is not a conflict of interest. As mentioned earlier, the property manager is hired by the board of directors and is required to report to them directly, not through the homeowners directly. The board addresses issues/concerns brought to them by the property manager. That is how it is done. I certainly understand your concerns, but I don't see any conflict of interest like you mention. The only potential conflict as I understand it is with the board president and his actions thus far.
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