Legal Question in Real Estate Law in Washington

CCRs - Clause Waiver

The CCRs on a property we're interested in buying stipulate that a home must start to be built on it within two years. If a waiver of this CCR requirement is signed into the sales agreement by both the seller (developer & lone HOA member) and the buyer, is it binding and legally defensible against a non-compliance claim the future HOA may try to make? The CCRs do not say that exclusions, exceptions or waivers cannot be made at the time of purchase...


Asked on 8/28/08, 1:30 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: CCRs - Clause Waiver

The CC&Rs bind the entire subdivision. So you'd probably have to get the owners of all the parcels to agree to amend the CC&Rs for your parcel. I would have to read the CC&Rs to know for sure.

I would not buy this property until you have an attorney look at the CC&Rs and advise you. Realtors and title people mean well, but this issue is beyond their expertise. See an attorney.

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Answered on 8/28/08, 3:02 pm


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