November 6, 2017

Washington Appellate Court: Condominium Bylaws Amendment Is Invalid

A recent Washington unpublished opinion concerned the amendment of a condominium association’s bylaws.  The condominium’s declaration stated that amending the bylaws required the approval of a majority of the unit owners.  The bylaws were amended in 2015 without the approval of a majority of the unit owners, and an owner challenged the validity of that amendment.  The Court of Appeals ruled that the bylaws amendment was invalid.

The invalid 2015 bylaws amendment authorized the condominium association to impose assessments for limited common area expenses against the individual unit owners to which the limited common areas were assigned.  Since the declaration and the applicable state law did not authorize the imposition of limited common area expense assessments, the Court of Appeals ruled that the association could not impose such assessments.

Washington condominium and homeowners associations should obtain legal advice before they seek to amend their governing documents.