[WSBARP] CCR Question

Tue Mar 17 11:36:47 PDT 2015

Look at 25 ALR 5th 123.

Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com

-----Original Message-----
From: Kim Sandher <kim at raoandpierce.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Tue, Mar 17, 2015 9:55 am
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      

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