Washington Supreme Court Says HOA Amendment to Declaration That Limited Rental Units was Invalid

This case pertained to issues over the validity of HOA amendments to a condominium declaration (“Declaration”), that established a 30 percent limit on the number of condominium units within the homeowners association (“Association”), that could be leased by the owners. Prior to the passage of the amendment, the Association’s Declaration did not have any such limiting provisions. The amendment was passed by at least 67 percent of the owners (the minimum required percentage for the passage of amendments), but less than 90 percent of the owners.

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