[WSBARP] CCR Question

[Kim Sandher]

Hi All,

Does anyone know of any authority to prevent a homeowner's association from
enforcing covenants that it has not for over 25 years?

I have a client that purchased a home backing onto a golf course in a gated
community. He was president of the HOA for some years, but is no longer
involved with the HOA. Recently, the fence between him and his neighbor
fell down and he put in a request to replace it. The HOA first approved it,
but then immediately after denied his request saying that the fence it is
actually not in compliance with the CCR's. So, instead of replacing the
fence, the client propped it back up thinking it would look better than a
fallen fence.

The HOA has now served him notice to remove the fence because it does not
comply with the CCR's. If he doesn't take it down, he will be fined. This
notice was only given to him, not his neighbor. According to him, there are
at least 50-70 other homes that have a similar fence and are not being told
to take the fences down.

Any help is much appreciated!

Thanks in advance,
Kim



Kim Sandher
Associate Attorney
Rao & Pierce PLLC
2411 Fourteenth Avenue South, Seattle, WA 98144
Phone: 206.721.8880 | Fax: 206.721.9220
www.raoandpierce.com
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