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I recently became a member of Maple Knolls of Richmond Beach Homeowners Association, UBI 601 629 611. The Amended and Restated Declaration of Covenants, Conditions, and Restrictions dated 10/05/1999 describe the Association as a nonprofit corporation operated pursuant to Title 24, RCW. The Articles of Incorporation dated 05/15/1995 describe the purpose of the Association is to provide for maintenance, preservation, and architectural control the residence Lots and promote the health, safety, and welfare of the residents.
My question: Is this nonprofit corporation, described as a “Homeowners Association”, obligated to comply with Title 64 RCW, Chapter 64.38 Homeowners’ associations?
Thank you for addressing my question.
Jim Millet
January 31, 2012
I believe that RCW 64.38 came into existance right around 1995, so it isn’t surprising that many developers who drafted covenants prior to this time fail to reference it in their Declaration of Covenants. That said, the RCW’s apply to all homeowners associations regardless of whether or not it is specifically cited in their Declaration.
hoacommunitysolutions
February 1, 2012