[WSBARP] HOA limitations on short term rentals

Tue Aug 16 12:47:58 PDT 2022

Hi,

It’s not clear what type of community association is involved. The approval required for an amendment adopting rental restrictions depends on whether the association is a condominium (and whether it’s enabling statute is RCW 64.32, RCW 64.34, or RCW 64.90) or whether we’re talking about a non-condominium homeowners association governed by RCW 64.38 or RCW 64.90. The association’s governing documents will also have an impact, including whether mortgagee (or “eligible mortgagee”) approval is required.

There is also somewhat recent case law addressing this issue that I think most practitioners would say didn’t provide much clarity.

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1000 Second Avenue, Ste. 1605
Seattle, WA 98104
T: 206-467-1559
F: 206-467-4489

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: August 16, 2022 9:46 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals

The CC&Rs should control, subject to RCW 64.32.090(13), RCW 64.34.264(6), and/or RCW 64.34.272 as applicable.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: 08/15/2022 3:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] HOA limitations on short term rentals

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

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On Mon, Aug 15, 2022 at 3:45 PM Douglas Scott <doug at rainieradvocates.com<mailto: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<http://www.rainieradvocates.com/>

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On Mon, Aug 15, 2022 at 3:03 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto: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<mailto: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<mailto: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
[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<mailto: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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