Legal Question in Administrative Law in Washington

Wanting to dissolve homeowners road association

We live in a neighborhood that initiated a homeowners road association when we put a road in. The association has become self serving and they (committee) haven't had annual meetings or elections per the agreement. We would like to know that if we had the 75% members approval to dissolve, are we within our legal rights to dissolve the agreement. The committee hasn't done one thing except buy week spray and the machine within the last 2 1/2 years. We are basically paying for their association insurance and that is it. Can the members call their own meeting and vote to dissolve it? Or in an annual meeting can we vote to dissolve it? Our opinion is that we are basically just paying for the association insurance and nothing else, so why should we keep the association. What can we do about our situation.


Asked on 4/04/04, 10:05 pm

1 Answer from Attorneys

Matthew King Wershow & Ritter, Inc. P.S.

Re: Wanting to dissolve homeowners road association

Alot depends on both the declaration and/or bylaws of the association as well as when the association was formed. Assuming that the Association was formed fairly recently, RCW 64.38 et seq applies. This statute does not specify how the association is to be disolved. Therefore the bylaws may provide for such a procedure. In addition, RCW 64.38.050 allows attorneys fees should you choose to force the issue in court. Please feel free to contact me for a free consultation to discuss this matter more specifically.

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Answered on 4/05/04, 10:20 am


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