December 30, 2014

Washington Court Affirms Application of Statute of Limitation in Condo Act

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.  However, the court ruled that the statute of limitation did not apply in this case because the declaration amendment was recorded without the consent of any of the other unit owners 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 association boards should consult with experienced attorneys before seeking to amend their declarations.