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The type of process that would apply to the situation you describe is a “short subdivision” or “short plat,” which is a simplified process that can be used for simple subdivisions involving less than five lots. MRSC has a webpage with a lot of information on what is required to subdivide property. Under state law, a subdivision process is required to divide property into smaller lots. While there is no provision limiting private regulation of ADUs in Washington State, I understand this is something the legislature may consider to promote more housing types in communities. RCW 64.38.028 provides a simple process for an HOA board to remove this discriminatory language from its governing documents. 227 relate to removal of discriminatory language in deeds and restrictive covenants. Under the law, the governing documents may not prohibit the display of flags or political signs. The law prohibits an HOA’s governing documents (i.e., CCRs) from excluding solar panels, certain types of drought resistant landscaping, and adult family homes. The HOA law places some limitations on what an HOA can privately regulate.
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State law does regulate Homeowners’ Associations (HOAs) at Chapter 64.38 RCW. Holm, 155 Wn.2d 112, 120 (2005) ("the City has correctly conceded that it 'has no authority' to enforce or invalidate restrictive covenants. See, for example, Viking Properties, Inc., v. A city has no authority to enforce private covenants. Enforcement of a restriction on ADUs would be a civil matter between the property owners. A city ordinance would not preempt or have legal priority over valid private restrictions, unless the CC&R were contrary to law. The nature of a CC&R is private and does not involve the city. So, if the city allows ADUs in single-family areas with CC&Rs, the property owner would first need to negotiate with the HOA to change the applicable CC&R (or perhaps, to obtain an exception) before an ADU could be built.įor example, city zoning might allow a three-story building, but a covenant might only allow two stories the more restrictive covenant, not the zoning restriction, would control the use of the property. This is because an HOA’s CC&Rs are private rules that each private homeowner agrees to follow as a condition of purchasing a home in a particular development. There may be circumstances in which denial of a building permit is appropriate if the code violation is related to the building permit. An example of that would be if the applicant has not satisfied a subdivision or short plat condition of approval that is required prior to issuance of building permits. Your agency attorney should be able to advise you in specific situations where you are not sure how to proceed.Ī Homeowners Association (HOA) Covenants Conditions & Restrictions (CC&Rs) restricting Accessory Dwelling Units (ADUs) would remain in effect and enforceable even if a city passed an ordinance allowing accessory dwelling units (ADUs) in single family residential areas.
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So, depending on the type of permit, if the applicant satisfies all the requirements for issuance (including the payment of fees for that permit), then the city should issue the permit. City of Spokane, 134 Wn.2d 947, 960, 954 P.2d 250, 256 (1998) (city councilmembers liable for refusing to issue grading permit when “ Issuance of such a permit is not a matter of discretion but is ministerial”). One relevant case to consider is Mission Springs, Inc.
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MRSC recommends that agencies not tie the issuance of one permit to fixing an unrelated code violation on the property. And only an ordinance implementing the tax would be needed if the city opted not toĪnd here are search results from our Sample Document Library using the term “ RCW 82.14.530”. Would be used to put the measure before the voters, followed by adoption of an ordinance implementing Where the council approved the tax without putting the question before the voters. The Issaquah and Spokane ordinances are examples See our description of this tax-how it’s implemented and how it may be used- as well as severalĮxamples of ordinances and resolutions on the Housing & Related Services Sales Tax section of ourĪffordable Housing Funding Sources topic page. The option to impose the tax without voter approval was added in 2020. The second method dispenses with the need to put the measureīefore the voters and gives the legislative body the authority to decide whether to impose the General election (see subsection (1)(b)(i)(A)). The first is by submittingĪn authorizing proposition (by passing a ballot measure resolution) that goes before the voters at the next There are two methods cities may use to impose the tax authorized by RCW 82.14.530.