90% Means 90% – Modifying Condominium Declaration

Filmore LLLP v. Unit Owners Ass’n of Centre Pointe Condo., 2014 Wash. App. LEXIS 2181 (Wash. Ct. App. Sept. 2, 2014)

Decision: 140902-Filmore-v-Unit-Owners

The condominium’s declaration required more than 67% of the votes for amendments. The Washington condominium statute requires 90% majority to change the “use” of condominiums. The legal question was whether changing the leasing rights of condominium owners was a change in use.

RCW 64.34.264, entitled “Amendment of declaration,” provides in relevant part:

(1) Except in cases of amendments that may be executed by a declarant under RCW 64.34.232(6) or 64.34.236; the association under RCW 64.34.060, 64.34.220(5),64.34.228(3),64.34.244(1),64.34.248, or 64.34.268(8); or certain unit owners under RCW 64.34.228(2), 64.34.244(1), 64.34.248(2), or 64.34.268(2), and except as limited by subsection (4) of this section, the declaration, including the survey maps and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.

(4) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units. change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of the vote or agreement of the owner of each unit particularly affected and the owners of units to which at least ninety percent of the votes in the association are allocated other than the declarant or such larger percentage as the declaration provides.

After consulting Webster’s and Black’s Law Dictionaries, the court decided that leasing is a “use” of the property.

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