[WSBARP] Enforcing Amendments to CC & R's

[Jeff Davis]

Listmates:

 

Client, HOA, wants to amend CC & R's.  However, before spending the money,
the Board wants to know are amendments enforceable?  This is always a tricky
question.  Had one case where HOA wanted to ban Airbnb rentals.  However a
home owner, within the association, said they bought the house as an
investment and a source for retirement funds.  They would not agree with any
amendment that stopped them from leasing their home.  I know there are cases
on rentals, both short term and long term that deal with this type of
amendment.  I also know amendments that deal with tree/bush height are
causes for big bonfires with the board being burned in effigy.  Are there
cases out there that acknowledge that most CC & R's have provision for
amendment, and everyone who buys into the area knows that and are subject to
it.  Where is the line drawn?  What have been your experiences with amending
CC & R's and HOA Bylaws for that matter.

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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