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LindaL15 (Washington)
Posts: 2
Posted:
My question is:

The state of Washington will soon be passing a bill that states:

(48) "Residential purposes" means use for dwelling or recreational purposes, or both.

my CCR's state:

"A. ALLOWED USE : No Lot on the Property shall be used for

any purpose other than for single family, residential

purposes unless otherwise shown on the recorded survey

map of River Park Estates."

My question is we cannot camp on our property. When the bill passes will that change? It clearly
states recreation purposes?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Linda

Typically Covenants can be tougher/tighter than laws as one agreed to abide by the tightness/toughness.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Linda,

A Bill is merely a proposal. Its chances of becoming law is doubtful until the full legislature approves it.

Without knowing the context in which this definition appears I cannot even begin to guess whether this will override your CC&R's.

DouglasK1 (Florida)
Posts: 2,046
Posted:
It's really not clear what the question is. Notwithstanding the CCR snippet you included, I'm sure lots of forms of recreation are allowed, and others probably would not be. Unless the CCRs prohibit ball playing, frisbee tossing, badminton, and TV watching, then I'd imagine that recreational activities occur on lots in your community all of the time.

Just as your docs surely don't stop all forms of recreation, the state law surely does not allow all forms. Ferris wheels are recreational, but I doubt the state law you cited would force an HOA to allow one.

You specifically cite camping, do your CCRs prohibit camping? Do other rules and regulations of the community prohibit it?

You really need to give more detail about what the actual issue is if you want any reasonable help.

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Without reading the actual Bill, it would be difficult to answer.

What is the Bill number?

Also, please review the forums post rules about the posting of Association names.
FredS7 (Arizona)
Posts: 927
Posted:
> You specifically cite camping, do your CCRs prohibit camping? Do other rules and regulations of the community prohibit it?

I think OP is hoping that the state law will redefine recreational so that the HOA will now have to allow camping.

LindaL15 (Washington)
Posts: 2
Posted:
SB 5263 - 2015-16
Concerning the Washington uniform common interest ownership act.

CCR's

"No outhouse of any kind, tent, shed, trailer, recreational vehicle, mobile

home (including "manufactured home") or any other

temporary dwelling shall be erected or maintained; on any lot for living

purposes at any time, nor shall any garage
be used for dwellinq purposes."
TimB4 (Tennessee)
Posts: 21,062
Posted:
Linda,

Based on the Bill's history, it may be awhile before the bill actually becomes law.

In skimming the text of the bill (which will likely change as it works its way through the process of becoming law), the definition used is only used to make the law applicable to most developments (see sections 121 and 412). It likely would not force a change to your CC&Rs (as you provided them).

DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By LindaL15 on 10/13/2015 8:23 AM
SB 5263 - 2015-16
Concerning the Washington uniform common interest ownership act.

CCR's

"No outhouse of any kind, tent, shed, trailer, recreational vehicle, mobile
home (including "manufactured home") or any other
temporary dwelling shall be erected or maintained; on any lot for living
purposes at any time, nor shall any garage
be used for dwellinq purposes."

So if the kids want to put a tent in the backyard occasionally, just tell anyone who asks that it's not for "living purposes", it is just for play.

If you're looking to have people living in a trailer or rec vehicle in your driveway, I'd say you're still out of luck, and that's not camping or recreation in any case.

Escaped former treasurer and director of a self managed association.

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