[WSBARP] CCR Question

[Jim Doran]

I did a trial on this kind of situation many years ago.  Look up laches and estoppel, acquiescence and other equitable remedies.  There is plenty of law on this but I am not going to dive into it any further.  

 

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

 <mailto:jim at doranlegal.com> jim at doranlegal.com

www.doranlegal.com

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kim Sandher
Sent: Tuesday, March 17, 2015 9:54 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] CCR Question

 

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 <http://www.raoandpierce.com> 

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