[WSBARP] HOA accepting real property and changing use

Josh Grant jgrant at accima.com
Thu Mar 3 15:38:44 PST 2022


Developer of an HOA years ago obtained a conditional use permit on a couple of platted lots, to allow an RV park. 
Some members recently purchased the “RV park” (never built) from a trustee’s foreclosure sale of the secured debt owing by the (now deceased) Developer.
HOA and lot purchasers want to transfer ownership to the HOA.  They all want its use restricted by the Association as “recreational” or as “non-residential” however, that could change with future changes in administration/board.
There was a CC&R which specifically allowed adding property to the plat by the developer.
There is nothing in the CC&R’s which restricts the HOA from adding assets to be owned by the HOA.
The goal is really to cancel the CUP so RV units would not be parking there. Maybe using or calling it “a park”.
Can a Board authorize an HOA to buy property in a plat without members agreement?
Once the HOA owns the lots, how could they permanently prevent an RV park use on the lots?
Would an amended plat or amended CC&R need to be passed to change future use? and to a permitted use from an RV park, would the super majority needed to amend the CC&R’s and/or the Plat?   Would that be the most protection from RV’s that would be possible. ?
Could the grantee on the deed have a restrictive covenant on the deed to prevent future RV use?
Thanks.
Josh 

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578
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