[WSBARP] Improvements on Greenbelt

[David Faber]

Andrew, Kathryn, and Ron,

Thank you for responding to my questions. I am meeting with my client
tomorrow and will discuss these possibilities.

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

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On Wed, Nov 12, 2014 at 10:35 AM, Ron Housh <ron at housh.org> wrote:

> Consider having the association grant a license to the owner that allows
> the continued use but subject to indemnification of the HOA, etc.
>
> Ron
>
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> *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 <206-381-1341>*
>
> *Fax:        206-464-0461 <206-464-0461>*
>
> *Email:    **ron at housh.org <ron at housh.org>*
>
>
>
> *Mount Vernon Office:*
>
> *21411 Bluejay Place*
>
> *Mount Vernon, WA 98274*
>
> *Phone:  206-235-2459 <206-235-2459>*
>
> *Email:   ron at housh.org <ron at housh.org>*
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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
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
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