[WSBARP] HOA issue

[Patrick McDonald]

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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