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...

No Right to Unilaterally Withdraw Bid at Sheriff’s Sale

Daniel W. Pashniak, the purchaser of two condominiums at a foreclosure sale, now wants to withdraw his bids. The judgment creditor, Sixty-01 Association of Apartment Owners, wants to confirm the sales. RCW 6.21.110 governs the confirmation of sales of real estate. RCW 6.21.11 0(2) states, “The judgment creditor or successful purchaser at the sheriffs sale is entitled to an order confirming the sale.” The issue is whether a successful purchaser has a right to withdraw his or her bid prior to confirmation or if a judgment creditor is entitled to confirmation of the sale absent substantial irregularities, even if the purchaser no longer wishes to purchase the property. We hold that a third party purchaser does not have a unilateral right to withdraw a successful bid before confirmation. Either the purchaser or the judgment creditor can move for confirmation, and the sale should be confirmed by the court unless a debtor or a nondefaulting party who received notice proves there were substantial irregularities in the proceedings. Further, while a court may invalidate a sale based on equitable considerations, this situation does not merit such a remedy. We affirm the Court of Appeals and confirm both sales. Aug. 21, 2014 – Aug. 21, 2014 – 89805-7 – Sixty-01 Ass’n of Apt. Owners v. Pashniak Decision: www.140821 WSC no right to withdraw bid Washington Supreme Court denies the successful bidder the right to unilaterally withdraw bid at sheriff’s sale. Share...