The superior court made its final ruling Dec. 29, 2017. The Mount Dallas Association (which is a voluntary association) urged parcel owners to sign multiple road maintenance agreements before the court’s final ruling.
The relevant provisions of the final order on these matters are summarized below:
• For parcel owners who are not association members: they are bound to adhere to the requirements of the court order.
• For parcel owners who are association members without a side road agreement: they are bound to adhere to any agreement they have signed and the court order.
• For parcels owners on one of the seven connecting side roads now managed by the association: These parcel owners are bound to adhere to any agreements applicable to their respective side road and any agreement that they have signed applicable to Mount Dallas road and the court order.
Although the court order trumps all other road maintenance agreements, it does allow parcel owners to enter into additional agreements – as long as the agreements do not contradict the court order in regard to parcel owners who are not parties to the agreements or cloud the title of parcel owners who are not members of the association and have not signed such agreements.
Last week we appealed five of the court order rulings to the appellate court, district 1, but until it rules, the association may operate under the court order and its agreements. Good record keeping will be essential: if the appellate court reverses or modifies any of the five appealed rulings, it will be retroactive.
The final court ruling and the subsequent decision by the appeals court will have an impact statewide. Having the appeals court review and rule on these last five issues is essential and prudent, not just for us and Mount Dallas road, but for all property owners in the state who live on access roads where there are no applicable road maintenance agreements on how to share management, maintenance and the costs to maintain the access road.
Clare L. Welker
San Juan Island