Wilkinson v. Chiwawa Communities Association
Chelan · WA · Supreme Court of Washington
Member win · rentals
What happened
Ross and Cindy Wilkinson and other Chiwawa River Pines owners rented homes for short-term vacations. In 2011 the association amended covenants by majority vote to prohibit rentals under 30 days. Owners challenged whether pre-2011 covenants already banned short-term rentals and whether the 2011 amendment was valid. The trial court granted owners partial relief; the Supreme Court of Washington on April 17, 2014 affirmed key owner-favorable holdings.
What the court (or agency) held
Owners won. Short-term vacation rentals did not violate the pre-2011 covenants barring commercial use or limiting lots to single-family residential use. The association exceeded its amendment power when it prohibited short-term vacation rentals in 2011 (as applied in the opinion). Trial court relief for the owners affirmed in relevant part.
Why this matters for members
Washington STR cases ask two questions: do existing covenants already ban short stays, and was any new ban validly adopted under the amendment rules? A majority vote is not enough if the governing documents reserve stronger protections for use rights. Residential/commercial clauses alone often do not equal a short-term rental ban.
What the member did
Sought summary judgment to invalidate the 2011 rental-duration amendment and to establish that existing residential/commercial-use covenants did not bar short-term rentals; also moved to strike speculative association declarations.
Questions for the board
- Do current recorded covenants expressly set a minimum rental term, or only residential/commercial language?
- What vote threshold and procedures do the covenants require to amend use restrictions?
- Was the 2011-style amendment process consistent with those thresholds?
- How many homes currently advertise short-term rentals, and is enforcement evenhanded?
Questions for a lawyer
- Under Wilkinson, do these covenants’ commercial/single-family clauses reach short-term vacation rentals?
- Did the association exceed its amendment authority when adopting a short-term rental ban?
- What remedies follow an invalid amendment already recorded?
- How do later statutory HOA rental laws interact with this covenant analysis?
Citation
Wilkinson v. Chiwawa Communities Association, 180 Wn.2d 241, 327 P.3d 614 (2014); No. 86870-1 (2014-04-17). Supreme Court of Washington. Outcome chip: member_win. Source: https://law.justia.com/cases/washington/supreme-court/2014/86870-1-134.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.