[WSBARP] WSBARP Digest, Vol 57, Issue 24
Stephen Whitehouse
swhite8893 at aol.com
Wed Jun 26 16:04:00 PDT 2019
Use 9A.52.105 and .115. Once you do that, the police should be willing to respond if it recurs.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Jun 26, 2019 12:00 pm
Subject: WSBARP Digest, Vol 57, Issue 24
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Today's Topics:
1. Re: Probate and squatters (Doug Owens)
2. Re: Probate and squatters (Jim Doran)
3. Re: rock path (Craig Gourley)
4. Re: Probate and squatters (Flatt, Danielle F.)
5. Re: Probate and squatters (Jim Doran)
6. Titan Real Estate Holding LP (Kailei Feeney)
7. Files for deceased Seattle attorney Robert E. Prince?
(Kailei Feeney)
8. Condo dues lien versus Statute of Limitations (Eric Nelsen)
----------------------------------------------------------------------
Message: 1
Date: Tue, 25 Jun 2019 21:25:24 +0000
From: Doug Owens <dougowens at seattlerelawyer.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate and squatters
Message-ID: <D0282F02-56F6-4DBC-B64E-369F48EB4598 at seattlerelawyer.com>
Content-Type: text/plain; charset="utf-8"
Dear Jim, if the PR is prepared to re secure the property to prevent a recurrence you could, assuming the estate is solvent enough, offer ?cash for keys? except these people do not have keys, but you could offer cash to induce them to vacate the property so it can be re secured. Yours truly, Doug Owens
On Jun 25, 2019, at 11:32 AM, Jim Doran <jim at doranlegal.com<mailto:jim at doranlegal.com>> wrote:
Hello Real Estate and Probate Gurus:
I have a situation where we opened a probate and have a Personal Representative appointed. Squatters have taken up residence on the real property that is owned by the deceased. The real estate agent cannot market the property. We have had the Sheriff out there a few times but these are hard guys who are not going to leave easily. They are criminal types.
I do not want to do a separate action in unlawful detainer since we already have the probate opened. What do you suggest as the process?
Thank you all.
Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com/>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Message: 2
Date: Tue, 25 Jun 2019 14:30:33 -0700
From: Jim Doran <jim at doranlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate and squatters
Message-ID:
<CANk51bBHJZ5AtHBzuqW+nfTR76NEF8hpLXFQ=KY=SARTNxGT_g at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Yes. This is a good idea and we are trying that right now. In this case,
I do not think it will work. Can we do some sort of "eviction" or
"ejectment" within the probate case or do we have to file a separate action?
Jim
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
On Tue, Jun 25, 2019 at 2:27 PM Doug Owens <dougowens at seattlerelawyer.com>
wrote:
> Dear Jim, if the PR is prepared to re secure the property to prevent a
> recurrence you could, assuming the estate is solvent enough, offer ?cash
> for keys? except these people do not have keys, but you could offer cash to
> induce them to vacate the property so it can be re secured. Yours truly,
> Doug Owens
>
> On Jun 25, 2019, at 11:32 AM, Jim Doran <jim at doranlegal.com> wrote:
>
> Hello Real Estate and Probate Gurus:
>
> I have a situation where we opened a probate and have a Personal
> Representative appointed. Squatters have taken up residence on the real
> property that is owned by the deceased. The real estate agent cannot
> market the property. We have had the Sheriff out there a few times but
> these are hard guys who are not going to leave easily. They are criminal
> types.
>
> I do not want to do a separate action in unlawful detainer since we
> already have the probate opened. What do you suggest as the process?
>
> Thank you all.
>
> Jim Doran
>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street - Suite 205
> Bellingham, WA 98225
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
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Message: 3
Date: Tue, 25 Jun 2019 21:53:45 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rock path
Message-ID:
<DM5PR12MB1737BD4F8E2226C5A1C64974AEE30 at DM5PR12MB1737.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
I would advise placing them on the other property. Avoid any claim for damages from the trespasser.
Get Outlook for Android<https://aka.ms/ghei36>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Nestor Gorfinkel <nestor at pplsweb.com>
Sent: Tuesday, June 25, 2019 11:17:18 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] rock path
True in most cases. PC says that neighbor called ICE on his landscapers and code enforcement for ome other issue.
Nestor Gorfinkel, Esq.- Sent from my Samsung Device
-------- Original message --------
From: Roger Moss <ram at pacific-ci.com>
Date: 6/25/19 10:08 AM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rock path
And it takes a donkey to know one. The ?victim? always has a role in the controversy. Always. I learned this from a business career, not in the Peace Corps.
Especially if your PC feels past nice aunt talk, all the more reason to invest in a holistic review from perspective of professional neutral (a real estate conflict resolution expert, not a volunteer from a DRC), along with contact by that person. Doing so would be a minimal investment of time and treasure, and will better position PC to get nasty later if that becomes inevitable.
Bobby Kennedy once reflected that it ?would sure feel good to bomb the shit out of Cuba." He enjoyed the moment, then found another way to avert the crisis. Same principle applies with border disputes.
Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com<http://www.pacific-ci.com>
Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
On Jun 25, 2019, at 9:32 AM, <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> wrote:
Thanks for all your advice. However PC is past the nice aunt talk and he is dealing with a first class south end of a northbound donkey.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
P Please consider the environment before printing this e-mail.
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 Rob Wilson-Hoss
Sent: Tuesday, June 25, 2019 9:01 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] rock path
I agree with Roger. As I tell my HOA clients, the first contact you make with someone with a potential violation has the primary purpose of making a friend for the association. Ask what they think. Be as gentle as you can. Make them appreciate your "help" getting them in compliance. As Roger says, you can always get aggressive later. A couple of documented attempts to be nice as pie always looks good to a judge, as well.
I call this my "favorite aunt" rule. Always treat the other side as you would want your favorite elderly aunt to be treated. At least until they themselves make that impossible.
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<mailto: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.
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Moss
Sent: Tuesday, June 25, 2019 8:04 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] rock path
What?s ?best? depends on context - history of contact between the parties? Nature of the property? Is this an authentic boundary dispute, a misunderstanding, or possibly an action driven by confusion or illness?
Generally speaking, it is worth the effort to start gently, in order to avoid escalation of a "garden variety" dispute between neighbors.
Before moving rocks (and let's quantify things a bit - is this a gravel path or boulders set by a forklift?), your PC might consult with a professional neutral who provides conflict coaching in addition to other services. Did PC put the request in writing? If not, start there. PC should get help crafting the letter in soft language. Using a neutral to deliver the message can change up the conversation in remarkable ways.
One can always get aggressive if circumstances warrant. Advance efforts to actually be neighborly, to address the issue collaboratively, will be noticed by a judge if the matter ends up in court for some reason.
Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com<http://www.pacific-ci.com/>
Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
On Jun 25, 2019, at 7:06 AM, <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> wrote:
PC?s neighbor placed some rocks creating a path which comes onto PC?s property. After advising neighbor to remove them and he refuses, is it best to remove them and dispose or just pile on clients property?
Client wants to pile on his property, but I am not sure which way to go. My gut says to allow PC to dispose as ?abandoned? property.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
P Please consider the environment before printing this e-mail.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Message: 4
Date: Tue, 25 Jun 2019 22:08:38 +0000
From: "Flatt, Danielle F." <Flatt at ryanlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate and squatters
Message-ID: <cc3deec3d3124d86ac90f70a4a53a3e5 at MAIL13.rsc.ryanlaw.com>
Content-Type: text/plain; charset="utf-8"
RCW 9A.52.105 & .115 were enacted in 2017 to deal with the true squatter situation (e.g., someone has broken into the premises) not a person who is just living there without paying rent or once had permission from the owner.
The person seeking to remove the squatter needs to make a sworn declaration that the people occupying the premises have never had permission to be there.
Some jurisdictions are more cautious than others to use it. Note that the statute creates a right of action against the declarant by the persons removed from the premises, as well as the obligation to indemnify law enforcement for their actions.
Danielle F. Flatt
Attorney
Ryan, Swanson & Cleveland, PLLC
1201 Third Avenue, Suite 3400 | Seattle WA 98101-3034
Direct 206.654.2273 | Fax 206.652.2979
flatt at ryanlaw.com<mailto:flatt at ryanlaw.com> | www.ryanswansonlaw.com<https://www.ryanswansonlaw.com>
[Ryan Swanson and Cleveland Logo]
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, June 25, 2019 2:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate and squatters
Yes. This is a good idea and we are trying that right now. In this case, I do not think it will work. Can we do some sort of "eviction" or "ejectment" within the probate case or do we have to file a separate action?
Jim
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
On Tue, Jun 25, 2019 at 2:27 PM Doug Owens <dougowens at seattlerelawyer.com<mailto:dougowens at seattlerelawyer.com>> wrote:
Dear Jim, if the PR is prepared to re secure the property to prevent a recurrence you could, assuming the estate is solvent enough, offer ?cash for keys? except these people do not have keys, but you could offer cash to induce them to vacate the property so it can be re secured. Yours truly, Doug Owens
On Jun 25, 2019, at 11:32 AM, Jim Doran <jim at doranlegal.com<mailto:jim at doranlegal.com>> wrote:
Hello Real Estate and Probate Gurus:
I have a situation where we opened a probate and have a Personal Representative appointed. Squatters have taken up residence on the real property that is owned by the deceased. The real estate agent cannot market the property. We have had the Sheriff out there a few times but these are hard guys who are not going to leave easily. They are criminal types.
I do not want to do a separate action in unlawful detainer since we already have the probate opened. What do you suggest as the process?
Thank you all.
Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com/>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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Message: 5
Date: Tue, 25 Jun 2019 15:23:43 -0700
From: Jim Doran <jim at doranlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate and squatters
Message-ID:
<CANk51bAeOaudLEjd4gXjFp-+bJfNQ9wvmmg7uV8bOgrCMET2Qg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Thank you for the cite. this is what I needed to get started with.
Jim
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
On Tue, Jun 25, 2019 at 3:11 PM Flatt, Danielle F. <Flatt at ryanlaw.com>
wrote:
> RCW 9A.52.105 & .115 were enacted in 2017 to deal with the true squatter
> situation (e.g., someone has broken into the premises) not a person who is
> just living there without paying rent or once had permission from the owner.
>
>
>
> The person seeking to remove the squatter needs to make a sworn
> declaration that the people occupying the premises have never had
> permission to be there.
>
>
>
> Some jurisdictions are more cautious than others to use it. Note that the
> statute creates a right of action against the declarant by the persons
> removed from the premises, as well as the obligation to indemnify law
> enforcement for their actions.
>
>
>
>
>
>
>
> *Danielle F. Flatt*
>
> *Attorney*
>
> Ryan, Swanson & Cleveland, PLLC
>
> 1201 Third Avenue, Suite 3400 | Seattle WA 98101-3034
>
> Direct 206.654.2273 | Fax 206.652.2979
>
> flatt at ryanlaw.com | www.ryanswansonlaw.com
>
> [image: Ryan Swanson and Cleveland Logo]
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jim Doran
> *Sent:* Tuesday, June 25, 2019 2:31 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Probate and squatters
>
>
>
> Yes. This is a good idea and we are trying that right now. In this case,
> I do not think it will work. Can we do some sort of "eviction" or
> "ejectment" within the probate case or do we have to file a separate action?
>
>
>
> Jim
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street - Suite 205
>
> Bellingham, WA 98225
> (360)393-9506
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
>
>
>
>
> On Tue, Jun 25, 2019 at 2:27 PM Doug Owens <dougowens at seattlerelawyer.com>
> wrote:
>
> Dear Jim, if the PR is prepared to re secure the property to prevent a
> recurrence you could, assuming the estate is solvent enough, offer ?cash
> for keys? except these people do not have keys, but you could offer cash to
> induce them to vacate the property so it can be re secured. Yours truly,
> Doug Owens
>
>
>
> On Jun 25, 2019, at 11:32 AM, Jim Doran <jim at doranlegal.com> wrote:
>
>
>
> Hello Real Estate and Probate Gurus:
>
>
>
> I have a situation where we opened a probate and have a Personal
> Representative appointed. Squatters have taken up residence on the real
> property that is owned by the deceased. The real estate agent cannot
> market the property. We have had the Sheriff out there a few times but
> these are hard guys who are not going to leave easily. They are criminal
> types.
>
>
>
> I do not want to do a separate action in unlawful detainer since we
> already have the probate opened. What do you suggest as the process?
>
>
>
> Thank you all.
>
>
>
> Jim Doran
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street - Suite 205
>
> Bellingham, WA 98225
> (360)393-9506
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> CONFIDENTIALITY: This e-mail and its attachments are confidential and
> may be protected by the attorney/client privilege, work product
> doctrine, or other nondisclosure protection. If you believe that it has
> been sent to you in error, you may not read, disclose, print, copy,
> store or disseminate the e-mail or any attachments or the information
> in them. If you have received this communication in error, please
> notify this firm immediately by reply to this communication or by
> calling toll free 800-458-5973 or if International collect
> at (206) 464-4224.
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
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> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 6
Date: Wed, 26 Jun 2019 17:46:41 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Titan Real Estate Holding LP
Message-ID:
<MWHPR22MB01119ECD6AB19A98EF1C4FABA7E20 at MWHPR22MB0111.namprd22.prod.outlook.com>
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Hello List,
Anyone out there have experience with Titan Real Estate Holding LP, out of Bellevue and perhaps a couple minutes to share your experience offline?
I would be appreciative.
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Our office will be closed July 4 and 5 in observation of Independence Day.
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
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Message: 7
Date: Wed, 26 Jun 2019 17:48:07 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Files for deceased Seattle attorney Robert E.
Prince?
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<MWHPR22MB0111CF7954B177423DDA905BA7E20 at MWHPR22MB0111.namprd22.prod.outlook.com>
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Hello,
Does anyone have knowledge of who took the files over for attorney Robert Everett Prince?
Mr. Prince is deceased.
I'm seeking an original Will prepared while he had a firm, The Prince Law Firm P.S., located on 900 Fourth Ave in Seattle.
Thanks in advance if you have any ideas.
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Our office will be closed July 4 and 5 in observation of Independence Day.
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
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Message: 8
Date: Wed, 26 Jun 2019 17:56:12 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: "WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)"
<wsbarp at lists.wsbarppt.com>, "REALPROP at yahoogroups.com"
<REALPROP at yahoogroups.com>
Subject: [WSBARP] Condo dues lien versus Statute of Limitations
Message-ID:
<57DC2058F333E340877E5517111277840100B716 at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="us-ascii"
Looking for confirmation here that I'm right, or else a stern rebuke for wishful thinking.
Property has about 8 years of back condo dues unpaid.
Condo is organized under the Horizontal Property Regimes Act--the old one. Per RCW 64.34.010(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=64.34&full=true#64.34.010>, the lien provisions of the 1990 Act, RCW 64.34.364<https://app.leg.wa.gov/RCW/default.aspx?cite=64.34&full=true#64.34.364>, apply to this condo.
RCW 64.34.364 has a 3-year statute of limitations on back dues:
(8) A lien for unpaid assessments and the personal liability for payment of assessments is extinguished unless proceedings to enforce the lien or collect the debt are instituted within three years after the amount of the assessments sought to be recovered becomes due.
But it also has this, which says "all" unpaid dues:
(12) ....In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor up to the time of the grantor's conveyance....
In this context, "all" just means the most recent three years of dues, because collection of the older dues is barred by statute of limitations, right? Section 12 can't possibly mean that in a voluntary conveyance the statute of limitations under (8) does not apply?
[Note--it looks like the statute of limitations is changed to six years under the new UCIOA, RCW 64.90.485(9)<https://app.leg.wa.gov/RCW/default.aspx?cite=64.90&full=true#64.90.485>. But the "all" language is carried over into the new act as well, RCW 64.90.485(17).]
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
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