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