Question:
Our HOA board recently raised our monthly rates 16.7% (last year 16.8). The HOA recently sent all homeowners a breakdown, by unit, of total “livable square feet” in determining the increase. However, the HOA lists the liveable square footage of my condo as 2135 square feet when county records show it as 1721 square feet. I sent a message yesterday to the HOA & they sent me back a legal document dated 5/28/03. I am not legal savvy to most of the document but what I did note is that my condo is not listed in this particular document (my condo was built in 2003 but not at the time that this document was issued). Another separate notice sent to all homeowners several weeks ago by the HOA titled “2024 Budget Allocations Sheet” and it, too, indicates the incorrect square footage of my unit. I am 74 years old, live alone and it is distressing to see this association raising rates & yet less & less seems to be evident as to how this money is being utilized. My main question to you (and huge thanks). Is this attorney generated legal document, dated 2003 still in effect (again, my unit is not even listed on it)? Is there a statute of limitations on how often these documents need to be updated? I am so appreciative of any help you can provide. (Oh, I live in Washington State).
– Judi
Answer:
Hi Judi,
The document you received dated May 28, 2003, might still be relevant in some contexts, especially if it’s part of the original governing documents (e.g., CC&Rs or Bylaws) for your community. However, if your unit is not listed in the document and it was issued before your unit was built, it’s possible that this document doesn’t apply to your situation, or at least not in a direct way.
Typically, the CC&Rs, Bylaws, or any other governing documents should be updated over time to reflect changes, including additions to the property or any new units (like yours). If your condo was built after the document was issued and it’s not listed, it may indicate that this document was never updated to include your unit.
In Washington State, there isn’t a specific statute of limitations that requires an HOA to update its governing documents at regular intervals. If the county records show your condo as having 1,721 square feet and the HOA is listing it as 2,135 square feet, you may be overcharged. You can challenge this discrepancy with the HOA by formally presenting the county records as proof of the correct square footage. Ask the HOA to clarify why your unit’s square footage is listed incorrectly and request that they amend the figures used for your unit.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
