[WSBARP] Filmore Supreme Court opinion

[Rob Wilson-Hoss]

I find it very difficult to reconcile today's decision with Wilkinson v.
Chiwawa. Filmore says that whether or not leasing is permitted in a unit is
a change in use from residential uses permitted; Chiwawa said that VRBOs
(short term rentals) are not commercial uses but considered the same as
single-family residential uses. I know there is much language in both that
could be used to argue one way or another, and each is premised on the
particular governing documents, but really? In Filmore, to conclude that
leasing provisions of the covenants are in the section about uses means that
the inquiry is over? I have already posted my incredulity at the majority
decision in Chiwawa, and I was far kinder to the majority than the dissents
were in that case.  

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Patrick McDonald
Sent: Thursday, September 03, 2015 10:49 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Filmore Supreme Court opinion

 

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

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