[WSBARP] Improvements on Greenbelt

[David Faber]

WSBARP List:

My client's property is located next to a greenbelt in an HOA-managed area.
Client's improvements spill over onto the greenbelt and have since before
the client purchased the property more than 20 years ago. The HOA is now
demanding that my client remove all of the improvements, including a poured
cement walkway, numerous trees, and two outbuildings.

We are unsure how much further back in time the improvements might go than
1993. Accordingly, that RCW 36.70A.165 was enacted in 1997 is not of much
use to us. Moreover, though, the CC&Rs forbid adverse possession, so it
looks like quiet title is not a possibility.

Can anybody think of anything that my client might be able to do in this
situation? The Client does not want to have to remove what is an essential
part of their yard. As far as we can tell, the HOA is only doing this
because the Client was considering a quiet title action (and may have said
as much to a couple people) when the Client discovered the improvements
were on HOA land last year. The HOA has not asserted any need as to why the
improvements should be moved.

Any assistance in figuring out a way to stop the HOA from just ordering the
client to remove all of the improvements would be much appreciated.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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