[WSBARP] Improvements on Greenbelt

[Ron Housh]

Consider having the association grant a license to the owner that allows the continued use but subject to indemnification of the HOA, etc.

Ron

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

 

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

 

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20141112/df041c13/attachment.html>