[WSBARP] HOA limitations on short term rentals

[Douglas Scott]

Good question.  My recollection is that the Wilkinson v Chiwawa case
invalidated short term rentals because they went against the collective
interests of the HOA as indicated by the purposes of the original governing
documents.  The Chiwawa HOA was a Lake Chelan condo that lent itself to
short term rentals. I believe that in non-destination type condos it
would be appropriate for short term rentals to be restricted and since they
do not impact the value of the property or the percentage of ownership they
do not require a 100% approval vote. Whether such restrictions would also
apply to unit owners who bought before the rental restriction is another
question.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
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On Mon, Aug 15, 2022 at 1:21 PM Annie Fitzsimmons <atfitz at comcast.net>
wrote:

> Hello All - I am hoping to avoid emergency research.  Ack!
>
> Is it still true that if an existing association wants to incorporate a
> restriction on short term rentals in the CCRs, that requires unanimous
> consent unless there is already a provision in the CCRs addressing use of
> the property for rental purposes?
>
> Thanks!  Annie
>
> Annette T. Fitzsimmons P.S.
> P.O. Box 430
> Belfair, WA 98528
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