Woodson v. Okanogan River Ranches Homeowners Ass'n, 1997 Wash. App

Jan 01, 1987

OUTCOME: The court reversed the trial court's judgment granting declaratory relief to the members in their action against the association to prevent the alienation of the common area and remanded the case.

The association was dissolved by majority vote and it began winding up its affairs by selling all of its common real property. The members, relying on an alleged restrictive covenant in the association ... 's articles of incorporation, filed a petition for declaratory and injunctive relief to halt the sale of a common area. The trial court granted declaratory relief to the members. The association failed to timely appeal the trial court's order, but the trial court subsequently denied the association's motion to quit claim the common area to a fire protection district. The association appealed the denial of this motion. The court reversed, finding that the articles of incorporation did not prohibit the sale of the common area. The court reasoned that the provision relied upon by the members was not a restrictive covenant and that the members did not have a vested property right in the common area to prohibit the association from transferring it. The court remanded the case for a determination of whether the fire protection district was an entity engaged in activities substantially similar to those of the association under Wash. Rev. Code § 24.03.225(3).