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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41516
Experience:  Texas Attorney for 30 years dealing in real estate
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I am confused. I live in a condo that was built in 1979 (not

Customer Question

I am confused. I live in a condo that was built in 1979 (not a conversion). How are we affected by the July. 2015 Filmore vs Center Point, Washington State Supreme court decision that affects rentals in condominiums? Can we adopt an amendment that limits the number of rentals?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA Ray here to help you.

Your Association can adopt such restrictions with 90% agreement.

n Filmore, the court was faced with the issue of whether a rental cap amendment must have 90% or only 67% voter approval to be properly adopted. The court focused on the language in the Condo Act at RCW 64.34.264(4) that requires 90% voter approval if the amendment restricts “the uses to which any unit is restricted”. The association in Filmore argued that “use” as it is used in RCW 64.34.264(4) should be interpreted narrowly to mean whether the unit is for commercial or residential use and therefore, should not apply to rental restrictions because restriction does not modify the residential nature of the unit.

The unit owner in Filmore argued for a broader definition of use that would include rental restriction. The court sided with the unit owner, ruling that a rental restriction is a restriction on use under RCW 64.34.264(4) and therefore 90% voter approval is required. Because the association did not obtain the required 90% approval, the court deemed the amendment void.

So here your Association may want to use local lawyer to guide them through the process of proper approval by board and membership along the way.As you can see you need a large number of owners in favor but it can be done here in your state after this ruling.

I appreciate the chance to help you today.Thanks again.