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

[Craig Gourley]

The statute says it applies to all communities “ created” after July 1, 2018,  The statute does not define “ created” but I would argue that “creation” happened when plat was recorded.  That act of recording created the lots and any associated common elements.  The declaration merely established the rules of administration. There are also exemptions from the act under RCW 64.90.075 and since this was a short plat it may fall under number of units exemption.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Randy Boyer
Sent: Wednesday, November 18, 2020 3:05 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Plat filed in 2017 without covenants or HOA formed

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
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