Legal Question in Real Estate Law in Washington

Home Owner Association Laws

We have DCRRs and Bylaws written in 1982 our state (Washington) has an RCW law covering Home Owners Associations.

Put simply, which takes precedent if they differ?


Asked on 4/15/07, 2:18 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Home Owner Association Laws

Well arguably if the CCR&Rs and the Bylaws contain language supersceding the RCW section, then they could control, but on the other hand statutes are generally interpreted as providing a foundation under which private contracts cannot provide less protection than that contemplated by the statute.

I'd have to read the documents to tell you whether they are enforceable or not under the statute.

Sorry to give you a vague answer, but bottom line, it depends.

Elizabeth Powell

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Answered on 4/15/07, 5:00 pm


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