[WSBARP] HOA issue

[Anthony Gibbs]

Hello Patrick,
I just came across this email and the issue seems very interesting. Were
you able to obtain useful information?
Best,
Anthony

On Fri, Jun 3, 2016 at 10:50 AM, Patrick McDonald <
pmcdonald at podymcdonaldlaw.com> wrote:

> Hi,
>
> I represent a homeowners association governed by RCW 64.38. The
> development period just ended, and control of the association has been
> transferred to the owners. During the development period, the
> declarant-appointed board improperly approved the erection of a structure
> on an owner’s lot that clearly violates the covenants. The owner who
> obtained the approval is now building the structure and refuses to stop
> based on the approval that was obtained. He claims to have invested a lot
> of money in the structure, which is quite large. He is threatening to sue
> if any enforcement action is taken to have him remove the structure.
>
> The new board elected by the owners is now left to deal with the
> violation. Does the association have any remedies against the developer?
> Does anyone know of any case law where something like this has come up in
> this state or some other authority on point?
>
> Thank you.
>
> Patrick McDonald
> ________________________
> *Pody & McDonald, PLLC*
> 1200 Fifth Avenue, Suite 1410
> Seattle, WA 98101-3106
> T: 206-467-1559
> F: 206-467-4489
>
>
>
>
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>



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