[WSBARP] Avoiding RCW 64.90 - Common Interest Communities Statute

[Jeff at bellanddavispllc.com]

Listmates,

 

I am not sure if RCW 64.90 can be avoided, but here is the problem.  In
2006, a subdivision was created with recorded CC & R's.  The CC & R's
purportedly established a homeowners association which was expressly
unincorporated.  It did give the option to incorporate.  Nothing was ever
done.  No board was established, no dues assessed, or were restrictive
covenants enforced.  Like in the movies, we forward to "present day."  A
substantial majority of lot owners want to incorporate in order to establish
a board and assess dues, primarily for road maintenance.  However, they want
to be governed under RCW 64.38 not 64.90.  

 

In reading RCW 64.90.075(4), it appears to say if the newly created
community declaration expressly states it is part of the community created
before July 1, 2018, that the newly created one is governed under RCW 64.38.
I know I can make any argument I want, but will an "unincorporated"
association qualify  as the preexisting common interest community?

 

Jeff Davis 

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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