[WSBARP] Plat filed in 2017 without covenants or HOA formed

[Randy Boyer]

Listmates

In 2017 a short plat was recorded.  At the time no covenants were recorded and the HOA had not been filed with the state yet.  In 2019 before any lots were sold the Covenants prepared in 2015 were recorded before any lots were sold to home purchasers.  The covenants specified the name of the HOA they all were subject to.  The actual HOA Articles were filed after some of the lots were sold but the declarants were still in control under there terms of the covenants.

An attorney argues that because the covenants were not filed before July 1, 2018 and the HOA articles not filed until later that this is a common interest community subject to RCW 64.90 and therefore a new map and declaration must be filed under rW 64.90.

I do not agree. What do you think?

Randy
Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S. 
7017 196th St. S.W.  Lynnwood, Washington 98036
( 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com>
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