[WSBARP] RCW 64.90

[Mark Anderson]

Dear All:
I will probably have many follow-up questions about this topic but here is my first round.
A plat map containing 300 units was recorded in 1958, thus creating what is now deemed to be a common interest community (CIC) (a plat community).  A homeowners association for the plat community was coincidentally incorporated under Chapter 24.03 RCW (and is now being governed under Chapter 64.38 RCW).
The HOA is just getting started on the process to bring its governing documents into compliance with RCW 64.90.  The applicability of that chapter appears to hinge upon the existence of a declaration.  RCW 64.90.010 defines a declaration as "the instrument, however denominated, that creates a common interest community, including any amendments to the instrument."
In the case of this CIC, would that instrument be the original 1958 plat?
If so, is the plat required to be amended to conform with RCW 64.90?
Thanks in advance for your insights.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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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