We had a board member who called us with this question recently. The answer is Yes, in most cases, condominium/ homeowner association CC&Rs (Covenants, Conditions, and Restrictions) are legally binding. Here’s why:
- Contractual agreement: When you purchase a condominium in a Washington State association, you agree to abide by the CC&Rs as part of the purchase agreement. This effectively forms a contract between you and the association.
- State law: Washington state has laws that specifically grant HOAs and COA (Condominium Owner Associations) the authority to create and enforce CC&Rs. These laws typically require that CC&Rs be reasonable, not discriminatory, and consistent with state and federal laws.
- “Run with the land” principle: CC&Rs are said to “run with the land,” meaning they bind not only the original owner but also all subsequent owners of the property. This ensures consistent rules and protects property values within the community.
While generally binding, there are some exceptions:
- Unreasonable or discriminatory provisions: If a CC&R provision is deemed unreasonable or discriminatory by a court, it may not be enforceable.
- Improper adoption or amendment: If the CC&Rs were not adopted or amended according to the association’s governing documents or state law, they may not be enforceable.
- Violation of public policy: If a CC&R provision violates public policy, such as by interfering with fundamental rights, it may not be enforceable.
Importance of reading CC&Rs:
It’s crucial to read and understand your specific HOA or COA association’s CC&Rs before purchasing a condominium. Knowing your rights and responsibilities under the CC&Rs can help you avoid potential conflicts and ensure a smooth living experience within the community.
Disclaimer: This information is for general knowledge only and does not constitute legal advice. Always consult with an attorney for specific legal questions and concerns regarding your condominium association’s CC&Rs.
