[WSBARP] case citation

Thu Aug 30 10:39:53 PDT 2018

Bryce, Not entirely on point, but there are these:

In order for an amendment to be valid, it must be adopted according to the
procedures set up in the covenants and it must be consistent with the
general plan of the development.  

Ebel v. Fairwood Park II Homeowners' Ass'n, 136 Wash. App. 787, 792–93
(2007)

Amendments to covenants are permissible. Ebel v. Fairwood Park II
Homeowners'   Ass'n,  136 Wash.App. 787, 792 (2007). However,  in order for
an amendment to be valid, the amendment must be adopted according to the
procedures set up in the covenants and it must be consistent with the
general plan of the development.

Halme v. Walsh, 192 Wash. App. 893, 906 (2016).

Then there is Shagri-La, a great name for a development in Skagit County:

First, the Strucks challenge the trial court's conclusion that “[t]he
covenants grant the membership the right to change the covenants, and did so
in granting the ability to shut off water to lots.” We agree that this
statement is incorrect because Shangri–La amended its bylaws and not its
covenants to provide authority to shut off water service. Shangri–La
asserts, however, that the trial court made a harmless mistake in wording
its conclusion. We agree that this error is essentially a scrivener's error.
A few sentences later, the trial court found that the board adopted amended
bylaws about the authority to shut off water. Thus, from context, it is
clear that the trial court meant to say that the covenants grant the right
to change the bylaws.

Shangri-La Cmty. Club, Inc. v. Struck, No. 76099-8-I, 2018 WL 1801407, at *2
(Wash. Ct. App. Apr. 16, 2018).

It is kind of hard to figure out anything from this decision. Fortunately,
unpublished.

Shorewood West v. Sadri does have the following, but its general approach
may no longer have a pulse after Chiwawa, and it is dependent in some ways
on the condo statute requirements for specific issues. And some of the
issues are clearer in the court of appeals decision, 92 Wash App 752:

The Association also argues that it does not matter whether the restrictions
appear in the bylaws or in the declaration *57 because the statute requires
Sadri and Grazul to be bound by both. RCW 64.32.250(1) states in part: “All
apartment owners ... shall be subject to this chapter and to the declaration
and bylaws of the association of apartment owners adopted pursuant to the
provisions of this chapter.” (emphasis added). RCW 64.32.060 contains a
similar directive: “Each apartment owner shall comply strictly with the
bylaws and with the administrative rules and regulations adopted pursuant
thereto, as either may be lawfully amended from time to time, and with the
covenants, conditions and restrictions set forth in the declaration or in
the deed to his apartment.” (emphasis added). The italicized phrases
indicate that the provisions are qualified in some way. We read them as
indicating that owners need comply only with those bylaws that are
consistent with or in accordance with this chapter. The proper procedure for
amending or adopting a bylaw must be followed; an association seeking to
restrict a use in a bylaw must first amend its declaration if the
declaration allows the use. RCW 64.32.250(1) and 64.32.060 direct that
owners are subject to and must comply with only those bylaws which are in
accordance with the chapter. Since use restrictions must be in the
declaration and any unrecorded amendments to the declaration are invalid
(RCW 64.32.140), use restrictions appearing in unrecorded amendments to
bylaws and not in the declaration are invalid. Sadri and Grazul need not
comply with the bylaw restricting leasing because it is invalid. The statute
does not allow an association of apartment owners to restrict leasing in a
bylaw where the declaration itself permits leasing.

Shorewood W. Condo. Ass'n v. Sadri, 140 Wash. 2d 47, 56–57, 992 P.2d 1008,
1013 (2000)

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 Bryce Dille
Sent: Thursday, August 30, 2018 10:05 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] case citation

Would someone please give me the citation for the case that stated the
association cannot use the rules  adopted by the association to in essence
amend the Declaration in this case the  HOA adopted a restricted rental cap
by way of a rule where the declaration states the only rental restriction
deals with length of rental period. Thanks 

cid:image001.jpg at 01D1AB8F.1C8227E0

Bryce H. Dille | Attorney at Law

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