CC&Rs Revision / Trees Impeding Views

I am architectural committee for our 93 home & property board, our board is 3 persons: President, Secretary & Treasurer......we are in Island County in WA state ....we are in process of revising our CC&R paragraph on Trees, essentially stating that unless original plat trees at time of recording of the property, no new trees can be planted that impede any mountain or water views ......my question (and of course I'm posing same to our attorney, but want to get a consensus of opinion): if our ballot measure passes with our required 2/3rd Yes votes, and we take all the legal steps to get the CC&R revision filed in the county auditor's office, IS THE REVISION RETROACTIVE ? ......ie: can the board, or home / property owner, now go to any neighbor in violation of the revised paragraph and get them to comply with trimming, lowering or removing trees in violation, that are impeding mountain or water views? ....thanks for the additional insight & feedback -

The CCR becomes effective when approved. No retroactive is allowed, only the future planting.

So why isn’t the “ paragraph” on trees stating in another section that trees must not impeded the view of fellow homeowners, in another section of the paragraph? This would include current plantings.

The vote then is taken for each section.

per our HOA attorney, YES: retroactivity can be part of a CC&Rs paragraph revision "if" the pronouncement of said retroactivity is IN the text of the Trees paragraph amendment .....and if the majority 2/3rds home and/or property owners vote YES, said retroactivity, once the formal CC&Rs paragraph amendment is notarized and legally filed in the county auditor's office with all Yes votes of the 2/3rds majority having signed the declaration, said retroactivity is not only now CC&Rs enforceable, it is legally binding & enforceable in a court of law .....as the lawyer above states: "There's no law that prohibits you from applying something retroactively. Owners bought in knowing these rules can be amended if a certain percentage of homeowners approved or a certain process is followed" and our attorney concurs and agrees, KEY: the majority 2/3rds home / property owners vote Yes for the written in retroactivity .....there you have it folks, thanks

not really, there are only a few home owners out of 93 who will have to trim / cut back trees to not impede views SHOULD their neighbors with views impeded want to push the issue .....what we are really trying to do is make sure that no trees can be planted, once / if the ballot measure passes, that can impede any of our mountain, water & island views in our small hillside island community "forever" .....as today, any home or property owner can plant any new tree, and said new tree is allowed to go to 18 ft max height per our CC&Rs, but there is no call-out for newly planted trees, from when they are planted to when they reach 18 ft, not impeding views, and the Board wants to amend the paragraph wording as such .....this is a win-win for the long haul for our HOA, and a potential action to trim trees impeding views for a few home / property owners once it becomes CC&R law for our community ....we are 2/3rds majority Yes votes to pass revising our CC&Rs, and our Board feels the majority of our home / property owners will vote Yes .....of the 61 Yes votes we need, we have already secured 17, so only 44 more to go ....