[WSBARP] CCR Question

[hhherman2]

>From personal experience, the fact that the covenant has been observed more in the breach than in compliance is usually a winner.

 

Howard Herman

Herman Herman and Jolley PS

509.220.5810

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Pat Aylward
Sent: Tuesday, March 17, 2015 3:13 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] CCR Question

 

I recall that the old Real Property Deskbook had a good discussion on this issue.  Haven’t looked at it in the new deskbook.

 

Had a case at the trial court level in Chelan County a number of years ago.  Subdivision going by the name of Sunrise.  Court refused to enforce a provision of the CCRs dealing with fences which had been ignored for years.

 

Pat

 

 



J. Patrick Aylward
Attorney

Jeffers,Danielson, Sonn & Aylward, P.S.
2600 Chester Kimm Road
Wenatchee, Washington 98801
Telephone: 509.662.3685
Facsimile: 509.662.2452

www.jdsalaw.com <http://www.jdsalaw.com/>  

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From: wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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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