[WSBARP] Open Space
Ron Housh
ron at housh.org
Tue Jun 7 10:55:58 PDT 2016
Question for folks with experience in dealing with Open Space.
HOA Plat has various areas dedicated as "Open Space" with a further detail
on the Plat that states ".to remain open space in perpetuity."
There is a small area of the Open Space segregated from all others that is
largely weed infested and not used or maintained by the HOA.
An owner with a parcel adjacent to this small area has inquired about
purchasing the area. The HOA Declaration states that common area may be
conveyed following approval of not less than 75% of owners.
Question(s):
Is the "perpetual" open space dedication an insurmountable hurdle with
regard to the possible sale?
Stated otherwise, is it possible to "cancel" the open space dedication and
if so what generally is the process?
Thanks in advance for any guidance.
Ron
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
Attorney at Law
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org
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