[WSBARP] Avoiding RCW 64.90 - Common Interest Communities Statute

[Kelby Derenick]

I always thought the common interest community was established when the
CCRs were recorded, not necessarily when the association was incorporated.
I have had cases with unincorporated and incorporated associations that
apply RCW 64.38.  So I wouldn't think it would matter if the community
wants to incorporate now in regards to whether 64.90 applies.  I think the
controlling date is when the CCRs were recorded.  I could be wrong though...

However, even if RCW 64.38 applies, there are a few statutes in 64.90 that
will still apply - see 64.90.080 ( RCW 64.90.100
<http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.100>, RCW 64.90.095
<http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.095>, 64.90.405
<http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.405>(1) (b) and (c),
64.90.525 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.525> and
64.90.545 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.545> apply).

I found all of RCW 64.90 such a headache to understand.

Kelby J. Derenick
Attorney

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*Seattle, WA 98133*
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On Wed, Sep 21, 2022 at 3:15 PM <Jeff at bellanddavispllc.com> wrote:

> 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: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
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