An article published in The Columbian highlights VF Law Partner Michael J. Vial’s recent victory before the Washington Court of Appeals regarding an HOA enforcing tree height restrictions blocking residents’ views of Mount Hood and the Columbia River. The View Ridge Estates HOA recently altered its bylaws so that residents could not have trees over a certain height that would obstruct neighbors’ views. However, one couple took the HOA to court, claiming this was in fact a “new” rule rather than a revision. The court disagreed and sided with the HOA, represented by Vial.
“I applaud the Washington Court of Appeals for this decision, which legally ensures that HOAs have the right to certain expectations of their members,” Vial said, adding that VF Law works consistently to ensure that the rights of HOAs and their members are protected.
The court noted: “Rather than creating an entirely new covenant, the adopted covenant constituted only a change to View Ridge Estates’ existing covenants, a change which the association gathered sufficient support to validly adopt.”
Vial said that the appellate court’s decision is a win for homeowners associations, and sets a precedent for Washington HOAs to ensure their residents’ quality of life and property values are maintained. The case will now head to the Washington Supreme Court.