[WSBARP] 3 story house meets 2 story CCR restriction

[Kary Krismer]

I don't see that language as applicable, because this is is not an 
"environmental protection" issue.

Kary L. Krismer
206 723-2148

On 3/20/2018 11:39 AM, Marcus Fry wrote:
>
> Marc:
>
> I read it the opposite.  The title company only covers the buyer if 
> there is a recorded notice of the violation.  However, the buyer isn’t 
> covered if there is no recorded notice of violation even though it 
> appears known that there is a clear violation of the CCRs in this 
> instance.
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
> Yakima, WA.
>
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> *From:*wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *marc 
> holmeslawgroup.com
> *Sent:* Tuesday, March 20, 2018 11:27 AM
> *To:* WSBA Real Property Listserv
> *Cc:* kim holmeslawgroup.com
> *Subject:* [WSBARP] 3 story house meets 2 story CCR restriction
>
> We have a client set to buy a brand new 3 story house and, lo and 
> behold, the builder didn’t notice or ignored a CCR restriction 
> limiting homes to no more than 2 stories.  Title company says the ALTA 
> Homeowner’s policy covers this and points to a “covered risk” 
> provision that reads:
>
> You are forced to correct or remove an existing violation of any 
> covenant, condition or restriction affecting the Land, even if the 
> covenant, condition or restriction is excepted in Schedule B. However, 
> You are not covered for any violation that relates to:
>
> a.Any obligation to perform maintenance or repair on the Land; or
>
> b.Environmental protection of any kind, including hazardous or toxic 
> conditions or substances.
>
> unless there is a notice recorded in the Public records, describing 
> any part of the Land, claiming a violation exists.  Our liability for 
> this Covered Risk is limited to the extent of the violation stated in 
> that notice.
>
> We’re not aware of any publicly recorded notice of that the 3^rd story 
> is a violation.  Does this seem like adequate protection for the buyer 
> or a recipe for disaster?
>
> Marc Holmes
>
> Holmes Law Group PLLC
>
> 2303 W. Commodore Way, # 306
>
> Seattle WA 98199
>
> HolmesLawGroup.com <http://holmeslawgroup.com/>
>
> marc at holmeslawgroup.com <mailto:marc at holmeslawgroup.com>
>
> Ofc: 206-357-4224
>
> Cell: 206-849-0853
>
>
>
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