What is an amendment to a declaration, and does it bind me?

An amendment is a recorded document that changes the declaration. Once it is recorded, it binds every lot the declaration covers, including owners who voted against it and buyers who come later. It takes the vote the declaration or state law requires, and it takes effect on its recording date. An unrecorded vote changes nothing.

What a declaration usually says

The amendment clause states the vote needed, often two thirds or three quarters of the lots, and sometimes a lower share after the developer leaves. Some clauses protect certain terms, such as the number of lots or the assessment formula, with a higher vote. An amendment may replace one section, add a new restriction such as a rental limit, or restate the whole declaration.

In the covenants Setback has read, as of October 19, 2026, 473 of 1,258 recorded documents are amendments.

What to check before you buy

1. Read every amendment recorded after the declaration, in date order.
2. Compare each amendment's recording date with the date you plan to lease, build or change the use. A limit recorded after you bought may still bind you.
3. Check that the amendment recites the vote it received. One that does not is open to challenge.

Where the law comes in

Chapter 64.90 RCW sets a default: most amendments need at least 67 percent of the votes, and some changes need 90 percent. A declaration may require more. An amendment must be recorded to take effect.