[WSBARP] case citation
Bryce Dille
BryceD at cdb-law.com
Thu Aug 30 11:00:48 PDT 2018
In my case the Declaration specifically states there are no restrictions on leasing other then what is in the Declaration.
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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<mailto:bryced at cdb-law.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, August 30, 2018 10:48 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] case citation
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
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rob at hctc.com<mailto:rob at hctc.com>
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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.
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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<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://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
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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: ron at housh.org<mailto:ron at housh.org>
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: ron at housh.org<mailto:ron at housh.org>
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of ron at housh.org<mailto:ron at housh.org>
Sent: Thursday, August 30, 2018 10:07 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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: ron at housh.org<mailto:ron at housh.org>
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: ron at housh.org<mailto:ron at housh.org>
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto: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
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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<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://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
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