[WSBARP] case citation
Rob Wilson-Hoss
rob at hctc.com
Thu Aug 30 10:47:49 PDT 2018
Chiwawa? And there is always the issue of a statute of limitations, and if
you research this long enough to go blind, you will get to the point where
the difference is void ab initio, therefore, no SOL; or voidable, therefore
6 years; and Chiwawa can only be read (not the holding, there was no SOL
issue) to say that a failed attempt to amend the covenants is void ab
initio. Then you get into ratification, and the heart of the ratification
thinking to me is always, ok, you have the facts for ratification, but how
does that apply to a new owner who hasn't ratified it? Is ratification sort
of like adverse possession, where the acts ratifying follow the ownership
and not the individual owner? Do they "tack?"
If the covenants address rentals at all (maximum for rent sign 2x3 feet, for
example, or owners are responsible for the actions of their renters), I
would just start arguing Chiwawa and see if they can come up with a response
that meets what that opinion says are the tests, and in particular around
rental restrictions.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com
This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law. If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited. If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.
This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose. To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, August 30, 2018 10:20 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] case citation
Thanks this is a pre 191 condo and in 2012 they instituted a rental cap by
way of a rule and my client inherited the unit and wants to rent it. They
said no and that not only is there a rental cap this rule also requires the
new occupant live there for a year before the unit can be put in the rental
pool.
cid:image001.jpg at 01D1AB8F.1C8227E0
Bryce H. Dille | Attorney at Law
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com
<http://www.cdb-law.com/> www.cdb-law.com
This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s). If this
matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium
Development
Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of ron at housh.org
Sent: Thursday, August 30, 2018 10:11 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] case citation
and as a point of clarification, the Board inappropriately used the Bylaws
(not Rules) to essentially amend the Declaration. Same problem though as if
they had used Rules.
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
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of ron at housh.org
Sent: Thursday, August 30, 2018 10:09 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] case citation
Shorewood W. Condo. Ass'n v. Sadri,. 140 Wn.2d 47, 52, 992 P.2d 1008 (2000).
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
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of ron at housh.org
Sent: Thursday, August 30, 2018 10:07 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] case citation
Bryce:
Shorewood West
.I’ll have the cite shortly
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
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Bryce Dille
Sent: Thursday, August 30, 2018 10:05 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] case citation
Would someone please give me the citation for the case that stated the
association cannot use the rules adopted by the association to in essence
amend the Declaration in this case the HOA adopted a restricted rental cap
by way of a rule where the declaration states the only rental restriction
deals with length of rental period. Thanks
cid:image001.jpg at 01D1AB8F.1C8227E0
Bryce H. Dille | Attorney at Law
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com
<http://www.cdb-law.com/> www.cdb-law.com
This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s). If this
matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium
Development
Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180830/e593b49c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4039 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180830/e593b49c/image001.jpg>
More information about the WSBARP
mailing list