WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals

WA Appellate Court published opinion (September 2, 2014).

This case involves a dispute between a homeowners association (“Association”) and its members over the percentage of unit owner voter approval that is needed to pass an amendment to the Association’s declaration that restricts the leasing of units within the Association. The primary issue in the dispute involved a determination of whether or not the word “use” as used in both the Association’s declaration and the Washington Condominium Act (WCA) encompasses the leasing of units. If so, both the Association’s declaration and the WCA require a 90% vote of the members in order to amend the Association’s declaration to modify the restrictions on leasing units within the Association. If not, the amendment that was adopted based on a 67% vote of the members was valid.