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SUBSTITUTE RESOLUTION
July 18, 1988
Introduced By: warner
Proposed By: 'finance Committee
RESOLUTION NO. 88 -37
A RESOLUTION TO REQUIRE COUNTY TAX FORECLOSED
LOTS TO BE SOLD SUBJECT TO COMMUNITY
ASSOCIATIONS' RIGHTS TO ASSESS DUES AND
ASSESSMENTS UPON LOT OWNERS
WHEREAS, Whatcom County is the owner of many tax foreclosed
lots located within community associations, and
WHEREAS, the recent case of Lake Arrowhead Club vs. -Looney has
indicated that a tax foreclosure sale may extinguish the right of
an association to assess the lot owner for dues and assessments and
thus the lot owner would no longer be a member of the community
association, and
WHEREAS, community associations are terminating access to
private roads, common areas, golf courses, clubhouses and other
amenities owned by the community association to those who are no
longer members of the community association and who do.not' pay dues
and assessments, and
WHEREAS, the community association's policy would
detrimentally affect.values of those tax foreclosed lots owned by
Whatcom County and affect the marketability or resale potential of
said lots, and
WHEREAS, the lot owners' ability to receive building permits
for those lots would be inhibited in that they would not have
access to a public roadway, and
WHEREAS, to assure that said lots are guaranteed access to
community owned private roads, so that the lots can be built upon,
Whatcom County has decided to implement a policy which assures that
each tax foreclosed lot owned by Whatcom County is sold subject to
the rights. of the community association to impose, dues and
assessments on the new lot owner in accordance with the community
associations' restrictive covenants, bylaws, rules and regulations.
NOW, THEREFORE, BE IT RESOLVED:
Whatcom County shall convey tax foreclosed lots or
condominium units located within community associations,
subject to restrictive covenant which requires that the
lot owner be obligated to pay dues and assessments to the
community association in accordance with the Articles of
Incorporation, Restrictive Covenants, Bylaws and Rules
and Regulation of the community association. The Council
hereby instructs the Treasurer's Office and Assessor's
Office to assure that each conveyance of a tax foreclosed
lot located within a community association includes the
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following language:
"Subject to the following restrictive
covenants:
All restrictive covenants applicable to
(insert name) Community Association as
recorded in the Whatcom County Auditor's
Office, including the community association's
power to charge and assess and the obligation
of the property owner herein to pay dues and
assessments imposed by the (insert name)
Community Association from time to time in
accordance with its Articles of Incorporation,
Restrictive Covenants, Bylaws and Rules and
Regulations as they now exist and as from time
to time may be amended. This covenant shall
run with the land and be binding on
successors, heirs and assigns."
PASSED this 21st day of July
WHATCOM
WHATCOM
v
WILLIAM
ATTEST:
. 6
Ramona Reeves
Clerk of the Council
APPROVED AS TO FORM:
RAN J. S
CHIEF CIVIL -EiNTY
PROSECUTING ATTORNEY
1988.
COUNTY COUNCIL,
COUNTY, WASHINGTON
P. ROEHL, CHAIRMAN