WA Court of Appeals Rules HOA's Adopted Covenant Is Valid Change to CC&Rs

Division One of the Washington Court of Appeals recently published an opinion concerning the power of a homeowners association governed by RCW 64.38 (to be distinguished from those governed by RCW 64.90 and condominium associations governed by RCW 64.32, RCW 64.34, or RCW 64.90) to change its set of covenants, conditions, and restrictions (CC&Rs). The association's CC&Rs restricted its members from obstructing one another's views with six foot tall fences and outbuildings and granted them the authority to change it with seventy-five percent approval. The association adopted a covenant increasing the height constituting an obstruction to fifteen feet and expanding the type of obstructing object to trees and vegetation. An owner argued that this was not a change to the CC&Rs but a new covenant that was not authorized by that document.

Changing the CC&Rs cannot involve eliminating an existing covenant or adding a restriction where none existed before - only modifying that document in a manner that results in less of something (fewer things are restricted or restrictions are lessened) or more of something (more things are restricted or existing restictions are increased). The appeallate court decided that the adopted covenant was a valid change to the CC&Rs rather than an invalid new covenant because it increased certain view obstruction restrictions already in that document. 

New Law Limits Community Associations' Authority to Deny Heat Pump Applications

A new state law concerning heat pumps took effect last month. Community associations in Washington state may not effectively prohibit or unreasonably restrict owners from installing heat pumps in compliance with the new law's requirements. However, those associations may impose reasonable restrictions on heat pump installations and require owners to submit applications for approval of such installations. The term "reasonable restriction" means a restriction that does not significantly increase the cost of a heat pump or signifiantly decrease its efficiency or specified performance. If community associations require owners to submit heat pump applications, then they must approve each proposed installation if it is reasonably possible and the owner agrees in writing to (a) comply with the association's reasonable architectural standards applicable to the installation, b) engage an HVAC contractor familiar with the standards for the installation of heat pumps to assess the existing infastructure necessary to support the proposed heat pump, identify additional infastructure needs, and install the heat pump, and c) comply with the requirements of the new law.

Community associations must process and approve heat pump applications in the same manner as architectural modification applications. If heat pump applications are not denied in writing within sixty days from the date of receipt, then they are deemed approved unless that delay is the result of a reasonable request for additional information. Associations may not charge fees relating to heat pump installations except for reasonable application processing fees that apply to architectural modification applications.           

WUCIOA Will Apply to All Washington State Community Associations in 2028

Several laws relating to Washington condominium and homeowners asociations were recently approved. The most important of them states that the Washington State Common Interest Ownership Act ("WUCIOA") will automatically apply to all such community associations beginning on January 1, 2028. This comprehensive law contains many new provisions governing associations' internal affairs. You can review the full law here. 

Association boards should consider consulting with a qualified attorney to learn about their legal obligations under WUCIOA. They should also consider amending their associations' governing documents to bring them into accordance with WUCIOA.

Celebrating My Office's Fifteen-Year Anniversary!

It is hard to believe that I opened my law office fifteen years ago today. It was an exciting day, but it was also a terrifying one. Would the office succeed? I am so thankful that the answer has turned out to be a resounding yes! I look forward to providing my present and future clients with quality legal services for many years to come.       

Court of Appeals Resolves Dispute Between Competing Community Association Boards

There was recently litigation to determine which of two competing boards of directors of a community association had the right to access the association’s bank accounts. One of the litigants originally served on the association’s board as an appointed director and president. He and the other eight appointed directors failed to hold a timely election as required by the association’s bylaws. A small group of community members formed an election committee and collected signatures from 70 percent of the association’s members demanding that the board hold an election. The appointed board refused to hold an election, so the election committee organized and held a special election. The association’s members ultimately removed seven of the eight appointed directors and elected a new board. The original president contested the election. The trial court granted summary judgment in favor of the association. The original president then appealed that summary judgment, but it was upheld on appeal and he was ordered to pay the association’s appellate attorney fees.

WA Court of Appeals Rules in Favor of Association's Covenant Enforcement Action

The Washington Court of Appeals recently affirmed a trial court’s decision that a community association properly exercised its authority to enforce protective covenants requiring buildings to present a finished external appearance within one year and requiring members to keep their properties free of clutter and other unsightly structures and conditions. The Court noted that the property owner failed to install permanent roofing on his house and barn for over one year without good cause and kept piles of construction materials in places that were visible from the road. The Court concluded that the owner’s attempts to invalidate the enforcement action lacked merit and that the association had the right to remedy the covenant violations at issue. The owner was also required to pay the association’s attorney fees.

Enforcing governing documents sometimes requires litigation, and the owners in question usually attack their community association’s enforcement procedures both in general and as applied to them. Association boards that work with a qualified attorney can ensure that their enforcement procedures and actions are likely to survive such scrutiny.