[WSBARP] 3 story house meets 2 story CCR restriction

[Kary Krismer]

I'm still focusing on the possible lack of 22T, even though it was 
present on the facts being discussed.

I wonder what the impact would be on an appraisal if the appraiser knew 
the covenant violation.  For that to help though you'd need a still 
effective 22A.

This may also be another reason to not go too crazy on the amount of 
earnest money, because without 22T that might be the best solution.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

On 3/20/2018 2:45 PM, marc holmeslawgroup.com wrote:
>
> Thank you all for the detailed responses both on and off list.  The 
> CCRs are from the 40s and did create the functional equivalent of an 
> Architectural Control Committee but our working assumption is that it 
> and the HOA generally have been defunct for many years.  We’re trying 
> to confirm this but it’s not the end of the story either way as the 
> CCRs very clearly give all lot owners the right to enforce the CCRs in 
> a private action.
>
> Some asked about the stories of the house in question.  The third 
> floor contains multiple bedrooms and bathrooms and a court order to 
> remove it would be devastating to the property.  I haven’t visited the 
> site yet but from the listing photos it seems pretty clear that the 
> 1^st floor is built on grade with very little if not zero below 
> grade.  The MLS listing calls it a “Multi-Level” home and the 
> available options they had to choose from were 2 story with basement, 
> tri-level, or multi-level.
>
> Arguing it is not a 3 story house seems ill advised to say the least.
>
> As for the 22T, yes we have one and have given notice of disapproval.  
> Now we’re trying to figure out if there’s a reasonable way forward or 
> if it’s time to take our ball and go find another home. Unfortunately, 
> it appears to be the latter.
>
>

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