[WSBARP] Damages for Violation of CC&Rs

Tue Oct 8 11:53:31 PDT 2019

Catherine:

Ideally, you would want the problem fixed.  If that is not doable, I think you are going to have a very hard time finding an appraiser to quantify a dimunition in value for a building that is noisy or shaky.

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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Catherine Clark
Sent: Monday, October 7, 2019 4:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Damages for Violation of CC&Rs

Yes, the court agrees that both have occurred.  We are at the damages stage.  The CC&R violated is a noise and vibration provision

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>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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 Michael Brandt
Sent: Monday, October 07, 2019 4:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Damages for Violation of CC&Rs

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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The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

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>

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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