Suspicion of Embezzlement in Washington HOA

Question:

The HOA where I live refuses to answer what happened to approximatley $45,000 spent to have trees removed from the HOA.

The contractor skipped town after being paid in full up front and only cut down 4 of the contracted 35 trees.

The HOA is refusing to answer any questions about this issue. The Board members are also purposely refusing to answer.

This appears that this is a type of embezzlement. What happened to $45,000? Why is the board sticking up for the property manager – who lost the money?

Unfortunately, it appears this issue will have to go to the lawyers as I have no idea what to do.

I just want them to explain what happened to $45,000. That’s a lot of money to just not know what happened.

Any advice is appreciated.

Thank you

– Thomas

 

Answer:

Hi Thomas,

Members have a right to inspect the financial records of the HOA.

Here are the records inspection statutes that apply to associations in Washington.

WASHINGTON CONDOMINIUM ACT SECTION 64.34.372
This section specifies that an association shall make all financial and other records reasonably available for examination by any unit owner.

HORIZONTAL PROPERTY REGIMES ACT SECTION 64.32.170
This section specifies that apartment owners may examine the receipts and expenditures records and vouchers for maintenance and repairs of common areas and facilities at any reasonable time.

WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT SECTION 64.90.495
This section specifies that owners may examine or copy all the records retained by the HOA during reasonable business hours or at a mutually agreed time and place.
An HOA may withhold certain records from examination, including personnel records, contracts under negotiation, and more.
An HOA may charge a reasonable fee for the cost of providing copies or supervising inspections

WASHINGTON HOMEOWNERS ASSOCIATIONS ACT SECTION 64.38.045
This section specifies that owners may examine or copy association records with reasonable advance notice during normal working hours at the offices of the HOA or its managing agent.
An HOA may charge a reasonable fee for copies and any reasonable costs in providing access to the HOA’s records.

If you believe that a financial crime has transpired, you may contact a lawyer or local authorities.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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