When does the Declarant lose control of a development. RCW 64.34.308 is confusing. Define NO LATER THAN THE EARLIER OF???

Asked over 1 year ago - Castle Rock, WA

The Declarant lost more undeveloped lots (by Deed In Lieu of foreclosure) than the 75% needed to hand over the association to the members. The Declarant never lived up to any duty he was supposed to.i.e assess members, maintain common areas, retain insurance etc. He never appointed any board member(s) , but he did add some lots to the project before he lost them by DIL of foreclosure. Please explain which would be no later than the earlier of. example: Did the Declarant have 60 days after he lost the lots (leaving him less than 75%), or two years after he added the extra empty lots to the project. The extra lots were a short plat abutting the main lots, and he added them to keep Declarant control. He added the extra lots about a year before he lost them by DIL of foreclosure.

Attorney answers (1)

  1. Jared N Hawkins

    Contributor Level 13

    Answered . You ask some good questions. Generally speaking, RCW 64.34.308(5)(b), to which I believe you are referring, means that the period of the declarant's control terminates at the very latest when one of the events listed in subparts (i)- (iv) occurs. Specifically, when the first event (of those listed in subparts (i)- (iv)) occurs, then the declarant's control terminates. As for how and if that statute applies to your situation I am very hesitant to provide a response without more details. The situation you describe is very fact specific and likely involves interpretation of the statute and other documents. You would be well served by seeking legal counsel that can review the relevant facts and law with you closely and then help you determine the most appropriate course of action.

    Providing this general response does not create an attorney client relationship.

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