December 3, 2020

Washington Court of Appeals Rules Tennis Court Removal Vote Complied With CC&Rs

Most of the owners in the Pickle Point neighborhood of Bellevue, Washington voted to remove a tennis court in the neighborhood's common area. An owner in the neighborhood then filed a lawsuit challenging the validity of that vote. The Washington Court of Appeals recently affirmed the lower court's summary dismissal of that lawsuit. The Court ruled that the removal vote complied with the applicable protective covenants, conditions, and restrictions ("CC&Rs"). The Court noted that the Architectural Control Committee ("ACC") established by the CC&Rs weighed all reasonable options and specifically considered whether to leave the tennis court as is, covert it to a grassy area, or reallocate ownership.  The Court concluded that the ACC properly exercised its authority to remove the tennis court.