In Lottievue Improvement Association v. Kim, an unpublished Court of Appeals opinion, a homeowner submitted plans and specifications for a dock to the association for approval. However, after approval but before construction the homeowner decided to move the location of the dock and to increase its length by 50%. Revised plans were never submitted to the association. Upon construction, the association filed suit seeking removal of the dock.
The court of appeals held that there was no question of fact that approval was required, and that plans for the dock as actually constructed were never submitted to the association, the dock was in violation of the declaration of restrictions. the court of appeals affirmed the trial court’s order requiring removal of the dock.
This case highlights the need for a homeowner to strictly comply with the approval requirements of a declaration of restrictions. Failure to comply can result in expensive litigation, and ultimately removal of the struture in violation of the restrictions.