[WSBARP] HOA CC&R enforcement

[Douglas W. Scott]

Could the committee at least make some further interpretations of the Declaration provision or could the Board of Directors  promulgate some further interpretations which may help to guide homeowners.  If they are reasonable they might eliminate some disputes.  I find that something is better than nothing.

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Thomas
Sent: Wednesday, October 25, 2017 5:59 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] HOA CC&R enforcement

HOA with dated covenants was written with restrictions on landscaping height, and separate view encroachment restrictions.  The landscaping height restrictions seem fairly straightforward - homeowner merely measures the height of the vegetation from some fixed datum.  But the view encroachment restriction has got me to wondering.  The covenants do not identify a formula or means of determining whether or not a particular view has been encroached upon.  So property owners and HOA are left to cobble together a means of enforcing the covenant in those situations in which vegetation is under the height limitation, but still grows to allegedly obstruct a view.  Determining whether a view has been obstructed, and by how much, can be an interesting exercise - is it appropriate to "measure" the view from a particular point of a deck or from a particular point looking out from a picture window?  Or from a particular viewing height (the taller the observer, the less obstructed the view)?

The HOA has asked me if it is appropriate to delegate the authority to make these determinations to a committee, and let the committee develop its own standards, an idea that seems likely to result in arbitrary decisions.  I am not sure if the HOA is able to make arbitrary decisions without any guiderails, but I see continued arguments between neighbors in the future.  How have others dealt with these kinds of issues?
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