[WSBARP] Damages for Violation of CC&Rs

[Gregory L. Ursich]

Cat: I think if the CC&R violation is a negative on the property value of your client, like a height violation that impacts a view, or a privacy violation, then you should get an appraiser to establish a diminution in value as your damages.  A good appraiser for this is Bob Chamberlin at Valbridge Property Advisors, or possibly Anthony Gibbons, although Gibbons will likely be more expensive. -Greg

Sent from my iPhone

On Oct 7, 2019, at 4:06 PM, Michael Brandt <mbrandt at brandtlawgroup.com<mailto:mbrandt at brandtlawgroup.com>> wrote:

Catherine:

It depends what the violation is and what impact it is having on your clients.  What provision is being violated? Is the harm quantifiable?

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

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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 Catherine Clark
Sent: Monday, October 7, 2019 3:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Damages for Violation of CC&Rs

All:

We have a case in which we have claimed a violation of CC&Rs.  The court agrees that the CC&Rs have been violated.  We are headed to trial on damages as a result of the breach.

How would you monetize an ongoing CC&R violation?  A daily rate?  DIV to the subject property?  Other?

All thoughts appreciated.

Thanks.

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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