[WSBARP] Open Space

[Ron Housh]

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

 


 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160607/25154398/attachment.html>