[WSBARP] HOA question.

Scott Thomas scott at scottgthomaslaw.com
Thu Sep 20 10:34:35 PDT 2018


Client built home in a HOA 20 years ago.  Covenant required written
permission to plant a tree that would grow over a certain height.  No
evidence can be found that written permission was obtained.  HOA now argues
client can be directed to remove the tree.  I think this is unreasonable,
and I also think there is a question of acquiescence, but I am looking for
additional arguments.  Any thoughts?

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