[WSBARP] Enforcing Amendments to CC & R's

[Patrick McDonald]

If you are talking about a non-condominium homeowners association, usually the covenants will provide that they can be amended upon approval of a certain percentage owners. You'd think that would be the end of the analysis, but you may still need 100% approval based on the Supreme Court's decision in Wilkson v. Chiwawa in 2014. It's a very fact-specific and subjective analysis.

If the covenants don't have an amendment provision, then you would need 100% approval.

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: November 4, 2020 3:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
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<http://www.bellanddavispllc.com/>

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