[WSBARP] Filmore Supreme Court opinion

[Patrick McDonald]

For community association practitioners - the Supreme Court’s decision in Filmore came out today. I’ve attached it here. The court affirmed the lower courts by ruling that 90% of votes in the Association (as opposed to 67%) were required to adopt an amendment to the condominium declaration capping the number of rentals. 

Unfortunately (in my opinion at least), the court’s decision turned on the specific language in the condominium declaration before it. The court expressly declined to apply and interpret the amendment provisions of the Washington Condominium Act (RCW 64.34.264), which may have provided a bright-line, blanket rule that all New Act condominiums could have relied on. Instead, the decision leaves some gray area for many New Act condominiums depending on the specific wording in their declarations. And the opinion could have effects on other types of amendments beyond leasing restrictions. 

Patrick McDonald
________________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489


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