Legal Question in Real Estate Law in Washington

Homeowner's Associations

Under RCW 64.38.015

States that "association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction both developed and undeveloped."

Question: Can a developer and Declarant of Covenants, Conditions and Restrictions to the development belong to and control the Association?


Asked on 6/07/00, 2:10 pm

1 Answer from Attorneys
Jay Goldstein Jay A. Goldstein Law Office

Re: Homeowner's Associations

Generally yes. If the developer and declarant own the property in the association, they would ordinarily belong to the association. If they own a majority of the lots, they could control the association, until the lots are sold. This law anticipates that the developer can control the development of the property so long as the developer is the majority owner. That way, the developer makes sure that the development develops the way he envisioned. After the lots are sold, the lot owners control their own destiny.

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Answered on 7/29/00, 12:44 pm


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