[WSBARP] Improvements on Greenbelt

[Kathryn R. McKinley]

David:

I've represented a couple of HOA's where this issue existed. One of the primary issues for the HOA is potential liability. In order to address this, you might see if the HOA will grant an encroachment easement to your client which also requires your client to insure and maintain and to indemnify the HOA.  This worked in one case. In the other case, the HOA forced removal of the encroachments, which were considered to have been permissive only.

Kathryn R. McKinley
Of Counsel
[cid:image001.jpg at 01CFFE60.77DE5A10]
717 W. Sprague Ave. Suite 1200
Spokane, WA 99201
(509) 455-6000
kathryn.mckinley at painehamblen.com<mailto:kathryn.mckinley at painehamblen.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, November 12, 2014 9:26 AM
To: wsbarp
Subject: [WSBARP] Improvements on Greenbelt

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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