[WSBAPT] Form for road maintenance agreement

Mon Oct 21 10:40:09 PDT 2019

Here's a recommendation: put in the agreement that the assessment is a lien
as of the date of the agreement, that it is foreclosable as a mortgage, and
that atty fees and all costs of proceeding go to the prevailing party. That
way, everyone pays. Without atty fees and costs as part of the lien, the
leverage to get payment is severely compromised. Also, put in a provision
that upon breach, mediation first then simple arbitration, then litigation.
But no provisions can be waived to favor one member over any others. Also
encourages a result while minimizing anguish. As to the latter, I kind of
like this:

	b.	In case of disputes, the parties agree to attempt to resolve
the same nonjudicially as follows:

		1.	By direct, friendly, fair and reasonable
communication with each other;
		2.	If a dispute remains, by mediation through the
Dispute Resolution Center of ___________ County or any nearby County, or
another mediation service agreed 				upon by the
parties;
		3.	If a dispute remains, by arbitration, and the
parties shall agree to a simple, efficient and effective process for the
same; and
		4.	If a dispute remains, by litigation. 

The exception is that if timing concerns reasonably require a more immediate
resolution, litigation may be commenced immediately.  

	c.	In the event that the breach is not cured, and the use of
nonjudicial remedies set forth above is not successful, the non-breaching
party shall have all rights to all legal and equitable remedies available,
as provided herein.

The key is to encourage compliance in any way you can think of, and to make
it as simple as you can.

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of sgay at sbglaw-wa.com
Sent: Monday, October 21, 2019 10:30 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Form for road maintenance agreement

Please respond to the list, thank you.

Sandi Gay
SANDRA BATES GAY, PS
Attorney at Law
Sandra Bates Gay, PS
23515 N.E. Novelty Hill Rd.
Suite B211-397
Redmond, WA  98053
Ph:  (425) 637-3040
Fax: (425) 952-0156
E-Mail:  sgay at sbglaw-wa.com

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Ken Luce
Sent: Monday, October 21, 2019 10:03 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Form for road maintenance agreement

Need an agreement for road maintenance , 7 property owners have an llc and
this adjoins their property, just for driveway at this time. Any
recommendations?

Ken Luce

Tacoma

Kenyon E. Luce, Attorney

Luce & Associates, P.S.

4505 Pacific Hwy. E., Suite A

Tacoma, WA 98424

T: (253) 922-8724

F: (253) 922-2802

www.LuceLawFirm.com <http://www.LuceLawFirm.com>
<https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348> 

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