Section: 11.2
Line Number: 832
Homeowner Comment: Clarify what it means to enter a Unit Owner's lot.
Suggested Revision: Clarify what it means to enter a Unit Owner's lot.
Reason/Explanation: Does allowing the Board to enter a Unit Owner’s lot include going through gated fences to the backyard? I would hope not.
Submitted by: Jeff Vanderpol
Administrator Response: Yes, this is allowed under our original governing documents. In practice, the Board will need to be very cautious about entering without proper authority or owner consent and will need to consult an attorney to possibly obtain a court order or warrant. The section has been clarified to indicate that entry is limited to a non-structural outdoor area.
Date Approved: 2025-12-21 16:30:13
Section: 11.2
Line Number: 833
Homeowner Comment: Clarify what an "occupied structure" means.
Suggested Revision: Clarify what an "occupied structure" means.
Reason/Explanation: Does “occupied structure” mean a structure intended for human occupancy or a structure that actually has people occupying it or does it mean a structure that has obtained a certificate of occupancy? I can’t imagine this means the Board can enter someone’s house if they are not home.
Submitted by: Jeff Vanderpol
Administrator Response: This section will be changed based on our attorney’s recommendation to comply with RCW 64.90.440 and a “due-process” procedure.
Date Approved: 2025-12-08 20:58:48
Section: 9.3
Line Number: 704
Homeowner Comment: Clarify what it means to have “ownership maintained”
Suggested Revision: Clarify what it means to have “ownership maintained”
Reason/Explanation: Is it possible to be a Unit Owner and not be a member of the Association?
Submitted by: Jeff Vanderpol
Administrator Response: The wording has been clarified as follows:
Each Unit Owner, by virtue of owning a Unit and for so long as they remain an owner, shall be a member of the Association, and no Unit Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting.
Date Approved: 2025-12-08 17:05:56
Section: 8.5
Line Number:
Homeowner Comment: Recommend providing or pointing to a list of examples that would and would not require ARC review.
Suggested Revision: Recommend providing or pointing to a list of examples that would and would not require ARC review.
Reason/Explanation: There is a lot of ambiguity over what would require ARC review.
Submitted by: Jeff Vanderpol
Administrator Response: A table will be added to the ARC Rules with some examples. Example projects include, but are not limited to, the following:
Project Type: Example
Exterior Alterations: Repainting the house a new color; changing stucco to siding; replacing a front door with a new style.
Structural Additions: Building a new deck, sunroom, shed, or fence.
Landscaping/Grading: Adding a significant retaining wall; re-sloping your front yard; installing a new driveway or stone pathway.
Utility/Tech Installations: Installing a satellite dish visible from the street, solar panels, or an external security camera with exposed wiring.
Reconstruction: Rebuilding a portion of your home after a fire or damage, even if you are putting it back exactly as it was.
Date Approved: 2025-12-21 14:18:14
Section: 7.3
Line Number: 438
Homeowner Comment: Last sentence regarding lien provisions should be deleted.
Suggested Revision: Last sentence regarding lien provisions should be deleted.
Reason/Explanation: Verbiage regarding lien provisions was deleted from Section 7.2
Submitted by: Jeff Vanderpol
Administrator Response: This clause must remain but the Wording will be CHANGED as follows:
"The lien provisions set forth in Section 7.8 shall also apply to the transfer assessment if it is not paid at the time of closing and the Board has notified the Unit Owner that payment is required."
Section 7.8 will be replaced with the following:
"The Association’s lien rights, foreclosure procedures, required notices, payment-allocation rules, and cure periods shall conform to RCW 64.90.485 and RCW 64.90.490."
Date Approved: 2025-12-08 20:27:24
Section: 7.2
Line Number: 422
Homeowner Comment: Remove requirement to submit Annual Meeting ballot to receive 5% discount.
Suggested Revision: Remove requirement to submit Annual Meeting ballot to receive 5% discount.
Reason/Explanation:
Submitted by: Jeff Vanderpol
Administrator Response: The ballot discount will be removed and other incentives, such as entry into a raffle with prizes, will be provided to those who return a ballot.
Date Approved: 2025-12-08 21:03:45
Section: 7.1
Line Number:
Homeowner Comment: Reinstate the provision to prohibit raising the annual assessment by no more than 10%.
Suggested Revision: Reinstate the provision to prohibit raising the annual assessment by no more than 10%.
Reason/Explanation:
Submitted by: Jeff Vanderpol
Administrator Response: According to our legal review, the owner-vote requirement in Section 7.1 for annual assessment increases above 10% directly conflicts with WUCIOA (RCW 64.90.525), effective July 1, 2018 (SB 6175). A 10% cap is not legally valid and cannot be enforced. See the letter below from our attorney.
Condominium Law Group
www.condolaw.net
1833 N. 105th St, Suite 201,
Seattle, WA 98133
Phone 206-633-1520 Fax 206-633-1521
December 20, 2025
To: The Board and Owners at Canyon Lakes
From: Ken Harer, Condominium Law Group, PLLC
Re: Why Owner votes to increase annual dues are not required or allowed
I have been asked to give a legal opinion regarding the deletion of the requirement to obtain owner approval for increases in dues larger than 10% per year as provided for in Section 7.1 of the 2009 Restated CC&Rs.
In 2018, the State Legislature adopted a new law, called the Washington Uniform Common Interest Ownership Act. At the time, few provisions applied to existing communities like yours. But a couple of provisions did apply to your community, including the one about budgets and assessments, RCW 64.90.525.
In addition, the legislature specifically declared that for all existing communities (like yours) that any restriction in the CC&Rs that required a vote to increase dues was void, and was replaced with the provisions for adoption and ratification of budgets (and assessments with them) as provided for in RCW 64.90.525.
Your existing section 7.1 of the CC&Rs is (and has been since 2018) superseded (completely replaced by) the budget and assessment process that provides the Board creates a budget and presents it at a meeting for ratification by the owners (as provided in RCW 64.90.525). Unless rejected by a majority of the owners in the community (not just those attending) it is ratified and legally enforceable. Statutes are copied below.
RCW 64.90.365
Common interest communities—Exceptions.
(1) Except for a plat community or miscellaneous community described in RCW 64.90.360(4) and a nonresidential or mixed-use common interest community described in RCW 64.90.100, the following sections apply to a common interest community created before July 1, 2018, and any inconsistent provisions of *chapter 58.19, 64.32, 64.34, or 64.38 RCW do not apply:
(a) RCW 64.90.370;
(b) RCW 64.90.405(1) (b) and (c);
(c) RCW 64.90.445;
(d) RCW 64.90.480(10);
(e) RCW 64.90.502;
(f) RCW 64.90.513;
(g) RCW 64.90.525;
(h) RCW 64.90.545;
(i) RCW 64.90.580; and
(j) RCW 64.90.010, to the extent necessary to construe this subsection.
(2) Except to the extent provided in this subsection, the sections listed in subsection (1) of this section apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents of those common interest communities existing on July 1, 2018. To protect the public interest, RCW ** 64.90.370 and 64.90.525 supersede existing provisions of the governing documents of all plat communities and miscellaneous communities previously subject to *chapter 64.38 RCW.
RCW 64.90.525
Budgets—Assessments—Special assessments.
(1)(a) Within thirty days after adoption of any proposed budget for the common interest community, the board must provide a copy of the budget to all the unit owners and set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than fifty days after providing the budget. Unless at that meeting the unit owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget and the assessments against the units included in the budget are ratified, whether or not a quorum is present.
(b) If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget proposed by the board.
Provision 7.1 of your existing CC&Rs is not enforceable, and if it were included in your revised CC&Rs would also not be enforceable.
Please contact your Board with any questions. While my client is the Association, I take direction from, and give advice to the Board.
Sincerely,
Ken Harer
Managing Attorney
Date Approved: 2025-12-21 13:58:27
Section: 6.4 and 12.1
Line Number: 402 and 886
Homeowner Comment: “...clearly state the desired amendment, modification, or deletion and reasons why.” should be changed to “...clearly state the desired amendment, modification, or deletion and reason(s) why.”
Suggested Revision: “...clearly state the desired amendment, modification, or deletion and reasons why.” should be changed to “...clearly state the desired amendment, modification, or deletion and reason(s) why.”
Reason/Explanation: As written, multiple reasons are required when there may be only one.
Submitted by: Jeff Vanderpol
Administrator Response: Suggested revision accepted
Date Approved: 2025-12-01 11:57:13
Section: 6.4
Line Number: 400
Homeowner Comment: Clarify what it means to "send a written request to the entire Board."
Suggested Revision: Clarify what it means to "send a written request to the entire Board."
Reason/Explanation: As written, it is vague. Does this mean send one request with each member of the Board listed on the request? Or does this mean send a separate request to each Board member? Or something else?
Submitted by: Jeff Vanderpol
Administrator Response: Wording will be clarified as follows:
Unit owners may request a vote on a specific rule, regulation, or restriction by sending a written request addressed to all Board members that is signed by at least five (5) different Unit Owners that each represent a single Voting Unit.
Date Approved: 2025-12-08 15:37:09
Section: 6.4
Line Number: 396
Homeowner Comment: Recommend changing “...by a vote of the majority of the Voting Power constituting a quorum…” to “by a vote of the majority of the Unit Owners constituting a quorum…” Then add a statement clarifying that each Unit Owner is given one vote per unit owned.
Suggested Revision: Recommend changing “...by a vote of the majority of the Voting Power constituting a quorum…” to “by a vote of the majority of the Unit Owners constituting a quorum…” Then add a statement clarifying that each Unit Owner is given one vote per unit owned.
Reason/Explanation: Voting Power is a description of how votes are distributed. The Unit Owners are the ones doing the voting.
Submitted by: Jeff Vanderpol
Administrator Response: Wording will be CHANGED as follows:
Any rule, regulation or restriction enacted by the Board may be amended, modified or repealed by a vote of the majority of the Unit Owners that each represent a single Voting Unit constituting a quorum as defined in Section 1 of this document at any meeting of members of the Association pursuant to the procedures set forth in the by-laws of the Association (the “By-laws”) for meetings and member voting.
Date Approved: 2025-12-08 15:35:26
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