Governor's COVID Proclamation Concerning Community Associations Expires on July 24

Governor Inslee's COVID Proclamation pertaining to Washington state community associations expires at 11:59 p.m. on July 24.  Community associations will regain the ability to charge late fees and interest if an owner's account is delinquent at that time. The Proclamation's provisions permitting community associations to notify owners, meet, and vote by electronic methods will also expire on that date, but a new state law permitting associations to act in that manner will take effect on July 25.      

Washington Court of Appeals Affirms Judgment for Misuse of Easement

Several property owners had a dispute concerning the validity and enforcement of three easements.  Two of the property owners misused the easements by initiating loud confrontations with neighbors about them, by intimidating neighbors from accessing their property within the easement areas, by destroying objects of private property, by forcing neighbors to incur debt due to unpaid public utilities, and by bringing noise and traffic onto neighbors' private property.  A judge in the ensuing litigation ruled that those two property owners unlawfully deprived their neighbors of "peace, privacy, security, and the quiet use and enjoyment of their homes" and thereby caused them to suffer economic damages and emotional distress. This decision was affirmed on appeal.

Disputes with owners regarding property use and access can escalate quickly and lead to lawsuits. Timely guidance from an experienced attorney can help ensure that an association achieves its objectives and avoids liability when it becomes involved in such disputes.

My Next Free Community Association Presentation Will Take Place on June 25

My next free Zoom presentation concerning current community association issues for the Washington Secretary of State will take place from 12:00 p.m. until 1:30 p.m. on Friday, June 25. This presentation will include a discussion of two new laws applicable to Washington community associations.  If you want to attend this presentation, then you should contact Teresa Glidden at the Washington Secretary of State's office at teresa.glidden@sos.wa.gov. 

Washington Courts Reject Owners' Claim to Own Portion of HOA's Common Areas

A deck adjacent to a townhome in Kirkland, Washington was rebuilt by a homeowners association in a manner that encroached more than fifty feet into its common areas.  The association later discovered that the deck was significantly larger than allowed and gave the owners of the townhome two options: 1) take over maintenance of the deck or 2) allow the association to remove and rebuild the deck to the appropriate specifications. The owners rejected both options and sued the association, alleging among other claims that they had acquired ownership of the portion of the common areas affected by the deck encroachment through adverse possession. The trial court dismissed the owners' lawsuit, and the Court of Appeals affirmed that decision.  

The Court of Appeals initially pointed out in its unpublished opinion that the Washington Growth Management Act bars adverse possession claims against homeowners associations' common areas.  It went on to note that the association's decision to take no action against decks that encroached less than fifty feet into its common areas was a reasonable exercise of its enforcement power that sought to balance the harm associated with violations with the costs associated with enforcement and the risks associated with litigation.  The Court concluded by ruling that under the association's declaration the owners must pay the association's legal fees because their lawsuit resulted in the enforcement of a covenant.

Washington Court of Appeals Affirms HOA's Removal of Gate and Boulders

A homeowners association removed boulders and a gate that two owners had placed in a road easement and assessed those owners for the cost of that removal.  When the owners failed to pay that assessment and monthly dues, the association filed a lien foreclosure action. The trial court permitted foreclosure of the association's lien, and the Court of Appeals upheld that decision. The Court held that the covenants governing the property express the "intent to grant the homeowners association plenary power over use of the roads and to preclude any owner from obstructing a road" and grant the association the exclusive authority to erect gates.

The owners argued that the association's failure to object to the gate and boulders for twelve years supported the conclusion that the association authorized their installation. The Court of Appeals rejected that argument, noting that the covenants contained an anti-waiver clause that allows the association "to enforce any of its provisions even if it did not enforce the provision initially."