In a published decision issued last month, the Washington Court of Appeals affirmed a trial court's application of a one-year statute of limitation contained in the Washington Condominium Act. The section of the Act governing declaration amendments states that a challenge to an amendment "adopted by the association pursuant to this section" may not be brought more than one year after that amendment is recorded. The Court held that the statute of limitation did not apply to the declaration amendment at issue because it was not adopted with the proper amount of owner approval and was therefore void from its inception. As a result, an owner's successful challenge to the declaration amendment in the lower court was upheld.
Condominium declaration amendments are subject to many legal requirements. If those requirements are not followed, then amendments can be invalidated. Condominium association boards should consult with experienced attorneys before they seek to amend their declarations.