King County CC&Rs are enforced by the HOA board under Washington law. WUCIOA (RCW 64.90) requires notice, hearing, and uniform application. Courts void unreasonable or selectively-enforced covenants.
Covenants, Conditions, and Restrictions (CC&Rs) are the primary tool for enforcing community standards in King County HOAs and condominium associations. Common CC&R provisions address architectural review, maintenance, landscaping, rentals, pets, parking, trash, noise, and commercial activity. Enforcement procedure under WUCIOA (RCW 64.90) requires written notice of the alleged violation, reasonable time to cure, opportunity for a hearing before the board, and a written decision. Fines must be reasonable and applied uniformly. Selective enforcement — pursuing one owner but not another for the same violation — is a common defense and can void the enforcement action. Amendments to CC&Rs typically require approval by 67 to 75 percent of owners (check governing documents), though WUCIOA allows some amendments with a lower threshold. State law overrides certain restrictive covenants. Rental restrictions are limited under RCW 64.90.530 — new restrictions cannot be imposed retroactively without 100 percent owner approval. Solar energy installations are protected (RCW 64.38.055). American flag display is protected (RCW 64.38.030). Fair Housing Act and Washington Law Against Discrimination (RCW 49.60) prohibit racial, religious, familial status, disability, and other protected-class discrimination. Reasonable accommodations for disabilities, including service and emotional support animals, must be granted. Common enforcement tools include fines (escalating schedules), suspension of voting rights or amenity use, liens for unpaid fines (lien priority varies by state law), and ultimately civil lawsuits seeking injunctive relief and damages. Courts may award attorney fees to the prevailing party.
Failure to comply with CC&Rs after notice triggers fine schedules (typically 25 to 500 dollars per violation with daily escalation), loss of amenity privileges, liens, and civil suits in King County Superior Court. Homeowners facing unreasonable enforcement may seek judicial relief including voiding enforcement, damages, and attorney fees.
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