[WSBARP] CC&R

[Patrick McDonald]

It sounds like this might be a homeowners association under RCW 64.38.010(11) or a plat community under RCW 64.90.010(2)(c) (if created after 7/1/18) as a matter of law. In either case, RCW 64.90.405(1)(c) would apply and gives the Association the authority to assess owners and RCW 64.90.525 controls the budget approval process and would supersede any contradictory provisions in the Association's covenants.

This community should also incorporate if it hasn't already. As far as your concerns about calling meetings, etc., RCW 64.38, RCW 64.90, RCW 24.03, and/or RCW 24.06 (as applicable) should be referred to.

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

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: July 30, 2019 11:29 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] CC&R


A small townhouse community has CC&R's set up by the developer, but no HOA formed or created under the CC&R for purposes of assessments and enforcement. When assessments need to be made for improvements etc. the CC&R calls for majority owners can approve.
How can the owners call a meeting in the absence of an HOA with bylaws etc for meeting notices etc.


Nestor Gorfinkel, Attorney at Law
Admitted to practice law in Washington & Florida
Florida Civil-Law (International) Notary
Puget Property Legal Services
2018 156 Ave NE
Bellevue, WA 98007
Tel. (425) 961-0519
Fax. (888) 522-3601



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