[WSBARP] amending restrictive covenants - statute?

[Josh Grant]

a second question regarding amending restrictive covenants.  If a covenant says: “such amendment shall be effective with respect to the (______name of subdivision)  property in its entirety, including any lots whose owner did not support the amendment…shall be effective for and after the date of its recording”. Can a new covenant bind a property owner who doesn’t agree, or would be effective against a new owner of a non-signing property owner only.?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Josh Grant 
Sent: Thursday, May 30, 2019 11:05 AM
To: wsbar 
Subject: [WSBARP] amending restrictive covenants - statute?

My client is an HOA with very simple covenants, which don’t say anything about amending them, in particular they say nothing about the percentage of lot owners who need to agree to an amended covenant.  Is there a statute that we go to as a default?
Thanks
Josh
Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578


--------------------------------------------------------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190530/9bc4662d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190530/9bc4662d/advocates3.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[1].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190530/9bc4662d/advocates1.png>