[WSBARP] Avoiding RCW 64.90 - Common Interest Communities Statute

Fri Sep 23 08:53:12 PDT 2022

Kelby,

Thank you for your response.  I had not looked at it like you explained; but you make sense!

Jeff

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kelby Derenick
Sent: Wednesday, September 21, 2022 4:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Avoiding RCW 64.90 - Common Interest Communities Statute

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  <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.100> 64.90.100, RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.095> 64.90.095,  <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.405> 64.90.405(1) (b) and (c),  <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.525> 64.90.525 and  <http://app.leg.wa.gov/RCW/default.aspx?cite=64.90.545> 64.90.545 apply).

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

Kelby J. Derenick 

Attorney

10018 Greenwood Ave. N

Seattle, WA 98133

Ph. (206) 659-5061

14 E. Main Street, Suite 207

Walla Walla, WA 99362

Ph: (509) 676-9805 

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On Wed, Sep 21, 2022 at 3:15 PM <Jeff at bellanddavispllc.com <mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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