Court Affirms Homeowners Association's Decision to Grant Fence Variance

The Washington Court of Appeals ruled earlier this month that a homeowners association committee properly exercised its authority under real estate covenants to grant owners a variance for a boundary fence made of cedar. The covenants bestowed on the committee the sole and exclusive authority to consider and grant variances from any restriction and stated that the committee's decision is final. The committee visited the property at issue and determined that the replacement fence was more attractive than the original fencing, well-harmonized with the surrounding environment, matched many other solid cedar style fences in the community, did not significantly block light to the neighbors' property, and likely improved the value of neighboring properties. The Court upheld the committee's decision to grant a variance, pointing out that:

"The Washington Supreme Court recently emphasized that homeowner association decision-makers are due significant deference in these situations: '[W]hen a homeowners' association makes a discretionary decision in a procedurally valid way, courts will not substitute their judgment for that of the association absent a showing of 'fraud, dishonesty, or incompetenance (i.e., failure to exercise proper care, skill, and diligence) [citation omitted].'"      

Washington Court of Appeals Rejects Owner's Assessment Exemption Claim

An owner in a condominium association recently refused to pay assessments on his unit and argued that he was exempt from doing so due to the association's mismanagement of common funds. The Washington Court of Appeals rejected the owner's argument. It ruled that the association was entitled to a summary judgment because the owner did not contest the amount of the unpaid assessments or the association's right to impose those assessments pursuant to the condominium's declaration. It further ruled that the owner had not submitted any evidence that the association had committed any acts or omissions that violated its duty to manage the common funds with ordinary and reasonable care.

Washington Court of Appeals Rejects Owner's "Right to Surveil" Claim

The Washington Court of Appeals ruled in a recent unpublished opinion that a homeowner who was bound by a protection order did not have the constitutional due process right to surveil his neighbors' allegedly illegal activity by photographing and videotaping them. The Court first noted that protecting citizens from harassment is a compelling state interest. It then pointed out that RCW 10.14.080(6)(b) authorizes a court to prohibit a harasser from making any attempts to keep the victim under surveillance.

There are several state laws that may be invoked by any person suffering from unlawful harassment. The primary remedy under those laws is a protection order limiting the harasser's contact with the victim. If that order is violated, then the harasser is subject to additional civil and criminal penalties.

If a community association receives a complaint from an owner that they are being subjected to unlawful harassment, then it should consult an attorney to determine whether such harassment is occurring and, if so, what actions the association should take to address that misconduct.

Washington State Approves Law Regarding Electric Vehicle Charging Stations

A new law in Washington state concerns electric vehicle charging stations. It prohibits community associations from adopting or enforcing provisions in their governing documents that effectively prohibit or unreasonably restrict the installation or use of an electric vehicle charging station in compliance with the new law's requirements for the personal noncommercial use of a unit owner within the boundaries of a unit or in a designated parking space. The new law also includes a number of other requirements and procedures pertaining to those stations.

The new law requires community associations to generally promote, encourage, and remove obstacles to the installation and use of electric vehicle charging stations. However, it also permits community associations to impose reasonable restrictions on those stations. For example, community associations may require a unit owner to submit an application for approval for the installation of an electric vehicle charging station in the same manner as an application for approval of an architectural modification.

The new law concerning electric vehicle charging stations will take effect on June 9. 2022. Washington state community associations should consider contacting an attorney regarding its contents and application.