[WSBARP] Enforcing Amendments to CC & R's

[Josh Grant]

It is my understanding that if the requisite number of property owners sign an amendment then once it is recorded it is binding on everyone, including Airbnb restrictions. The CC&R will say what percentage needs to agree.  Usually it is like 65%.

Joshua F. Grant

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

From: Jeff Davis 
Sent: Wednesday, November 04, 2020 3:10 PM
To: 'WSBA Real Property Listserv' 
Subject: [WSBARP] Enforcing Amendments to CC & R's

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: info at bellanddavispllc.com
www.bellanddavispllc.com
 
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