[WSBARP] HOA limitations on short term rentals

[Brent Williams-Ruth]

To clarify - I am not talking about the effect of an amendment. I am
talking about the process of getting the CC&R's amended.  When I was living
in my condo in Seattle and we wanted to change the rental cap, we were
advised by our association's attorney that changing the CC&R's required the
vote of the mortgage holder.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Mon, Aug 15, 2022 at 3:45 PM Douglas Scott <doug at rainieradvocates.com>
wrote:

> Generally the mortgage holder is exempt from any rental restrictions and
> there would be language to that effect included in any rental restriction
> amendments.
>
> *DOUGLAS W. SCOTT*
> Rainier Legal Advocates|LLC
>
> 465 Rainier Blvd. N., Suite C
> Issaquah, Washington 98027
> 425.392.8550 (tel)
> 425.392.2829 (fax)
>
>
>
> www.rainieradvocates.com
>
>
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> On Mon, Aug 15, 2022 at 3:03 PM Brent Williams-Ruth <
> brent at williams-ruthlaw.com> wrote:
>
>> Also keep in mind that MOST CC&R's that I have encountered require the
>> vote to amend the CC&R's be of the mortgage holder and not just the owner
>> of the property.
>>
>> *Brent Williams-Ruth* (pronouns: he/him)
>> *Attorney-At-Law*
>>
>> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting,
>> PLLC*
>>
>> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>>
>> ***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent
>> to the following address: **PO BOX 3319; Federal Way, WA 98063 *
>>
>> Office/Scheduling Phone: (253) 285-7751
>>
>> Direct: (253) 285-7453
>>
>> e-mail <Brent at Williams-RuthLaw.com> / website
>> <http://www.williams-ruthlaw.com/> / facebook
>> <http://www.facebook.com/bwrlaw> /
>>
>>
>> On Mon, Aug 15, 2022 at 1:47 PM Josh Grant <jgrant at accima.com> wrote:
>>
>>> You have to amend the CC&R’s.  The % of lot owners required to amend
>>> should be set out in the original CC&R’s.  Usually it is 76%.  If it
>>> doesn’t say the % there is a state statute that determines the %.
>>>
>>> *Joshua F. Grant*
>>> [image: advocates]
>>> P. O. Box 619
>>> Wilbur, WA 99185
>>> 509 647 5578
>>>
>>> *From:* Annie Fitzsimmons
>>> *Sent:* Monday, August 15, 2022 1:13 PM
>>> *To:* wsbarp at lists.wsbarppt.com
>>> *Subject:* [WSBARP] HOA limitations on short term rentals
>>>
>>> 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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