One of the main takeaways from the Washington Supreme Court's recent decision in Bilanko v. Barclay Court is that a declaration amendment that is adopted in a manner that does not exceed its legal authority and and does not appear to be borne out of fraud or other wrongdoing cannot be challenged more than one year after it is recorded. This is welcome news to associations, which had been thrown onto unsteady legal ground after the Court's earlier decision in Club Envy v. Ridpath called into question the enforceability of rental cap amendments that were over one-year old, but had not been passed with at least 90% owner consent. read more

In last week's post "Hot Off the Press," we advised readers that the Washington Supreme Court published on that day Bilanko v. Barclay Court Owners Association,an important decision relating to challenges to declaration amendments involving Washington "New Act" condominiums. The decision can be found here. Over the past week we've had time to analyze the opinion and have come up with a few summary points. read more

Bilanko is the most recent addition to the ongoing saga in Washington law and the enforceability of condominium declaration amendments under the WCA (RCW 64.34). Bilanko involved a homeowner challenge to the enforceability of a declaration amendment that restricted unit rentals. In a unanimous decision, the Washington Supreme Court held the unit owner's challenge untimely and time barred under RCW 64.34.264(2), which requires any challenge to the validity of an amendment to be brought within one year of the amendment's recording. The Washington Supreme Court did not explicitly overturn Fillmore or Club Envy, but certainly limited the application of those decisions to many existing declaration amendments. At first glance, the case may appear to validate amendments recorded at least one year ago absent fraud or wrong doing. Unfortunately, as is often the case (pun intended), the Bilanko decision isn't quite that straight forward. Associations who have recorded statements or included language in resale certificates nullifying or declining to enforce prior amendments as a result of Filmore, however, should definitely revisit the issue in light of this case. read more

It's going to rain on Saturday, which means you should probably postpone your planned mowing and gardening. If you were thinking of golfing on Saturday, I am sorry to report that I heard someone say that every course in Seattle aerated their greens, so golfing's out, too. Oh, and don't even think about skiing or hiking--the snow has melted and the mountains are closed, plus the 520 bridge is also closed so traffic will be murder. read more

If you're a listener to "Condo and HOA Buzz" you heard over the past two weeks that Congress recently passed a bill that includes important provisions affecting all condominiums in the country. On February 2, 2016, HR 3700 was approved by the House of Representatives 427-0. The proposed law would streamline the FHA's certification requirements for condo projects, allow more commercial space in FHA-approved condo buildings, and relax current owner-occupancy requirements. read more