[WSBARP] Enforcing Amendments to CC & R's

[Paul Neumiller]

See Wilkinson v. Chiwawa Communities Association.  It is complicated and is driven by the specific language in the governing documents.


[cid:image004.jpg at 01D6B2C8.885EB600]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, November 4, 2020 4:24 PM
To: jeff at bellanddavispllc.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Enforcing Amendments to CC & R's

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
[advocates]
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<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=04%7C01%7C%7Cbd5e4b5f854448e85d0808d881218c12%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637401328376323507%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ILk8r0KWBaJDkaiY8Ytol6uPP7PaBt0GoRbD1wRa7wE%3D&reserved=0>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129

________________________________
***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<mailto: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/20201105/c51d6819/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 7674 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201105/c51d6819/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 12625 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201105/c51d6819/image004-0001.jpg>