[WSBARP] Filmore Supreme Court opinion

[Eric Nelsen]

A magnificent punt by a unanimous Supreme Court--avoiding ruling on any issue of law at all, and effectively confining the case to its facts. Do you have any idea why they so carefully avoided making a binding ruling?

And I wonder--did the CC&Rs have one of those miscellaneous provisions that says headings and titles are for convenience only and aren't to be used for interpretation of the clauses themselves? Justice Gonzalez's opinion hinges on the outline structure of the CC&Rs.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



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

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