[WSBARP] amending restrictive covenants - statute?

Thu May 30 13:58:45 PDT 2019

The only other thing to add is that the new Common Interest Communities Act does allow for amendments in such circumstances, it does not apply in this regard to pre-existing HOAs, but if a pre-existing HOA wants to, it can vote to have the new Act apply, and then amend pursuant to the new Act. Take a look at 64.90.095.

My general take is that one would have to be certifiably insane to want the new Act to apply to small pre-existing HOAs, but there may be reasons for it. Such as, you can then amend your covenants when you couldn't otherwise. 

And remember, even if you do comply with all of that, and you amend, the amendment is likely going to have to pass case law tests about additional burdens and so on, presumably. See, my favorite target, Wilkinson v. Chiwawa Communities. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
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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 Josh Grant
Sent: Thursday, May 30, 2019 1:04 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] amending restrictive covenants - statute?

Thanks Jay.

Joshua F. Grant
advocates
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jay Goldstein <mailto:jay at jaglaw.net>  

Sent: Thursday, May 30, 2019 12:43 PM

To: WSBA Real Property Listserv <mailto:wsbarp at lists.wsbarppt.com>  

Subject: Re: [WSBARP] amending restrictive covenants - statute?

I missed this earlier query—if no amendment procedure in the CCRs, then generally requires 100% approval to pass. 

Jay A. Goldstein

Of Counsel

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On May 30, 2019, at 11:07 AM, Josh Grant <jgrant at accima.com> wrote:

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
<advocates[1].png>
P. O. Box 619
Wilbur, WA 99185
509 647 5578

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