[WSBARP] WSBARP Digest, Vol 61, Issue 3

Lisa Chiang feesimple7 at gmail.com
Wed Oct 9 07:46:22 PDT 2019


Sangeeta,

Do you happen to have a cite for this case?  In our HOA, we have a 30%
rental cap.  The building across the street has no rental cap;
consequently, most of the units are rentals and you have to be a full cash
buyer as lenders won't lend on the individual condos.

Lisa

On Thu, Oct 3, 2019 at 12:00 PM <wsbarp-request at lists.wsbarppt.com> wrote:

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> Today's Topics:
>
>    1. Condo rental (Sangeeta Saigal)
>    2. Re: Condo rental (Bryce Dille)
>    3. Re: Condo rental (Paul Neumiller)
>    4. Re: Decree of Diss. with common address - title   company
>       response (Bryce Dille)
>    5. Re: Decree of Diss. with common address - title   company
>       response (John McCrady)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Thu, 3 Oct 2019 12:58:55 +0000
> From: Sangeeta Saigal <attorney at sangeetasaigal.com>
> To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Condo rental
> Message-ID: <F3D084B6-6BDB-4718-955F-75F8A58D580B at sangeetasaigal.com>
> Content-Type: text/plain; charset="utf-8"
>
> Good Morning,
>
> Would very much appreciate assistance with the following:
>
> A condo association in King County is stating that only 12 units can be a
> rental on the property.  If all slots are full then the owners need to wait
> until a slot opens.
>
> I believe there was a Supreme Court decision recently that ruled that
> HOA?s cannot limit owners rights to their property in this manner.
>
> Am I right?  Any other guidance on this issue?
>
> Thanks,
>
> Sangeeta
>
> Sent from my iPhone
>
>
>
>
> ------------------------------
>
> Message: 2
> Date: Thu, 3 Oct 2019 16:12:15 +0000
> From: Bryce Dille <Bryce at dillelaw.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Condo rental
> Message-ID:
>         <
> MWHPR11MB156531692106C678AE736603C89F0 at MWHPR11MB1565.namprd11.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> The case you are referring to had to do with whether rent restriction was
> properly adopted and the court said it is proper to have a rent restriction
> if in the original condo declaration but if not the rent restrictions could
> only be imposed by an amendment to the declaration passed in accordance
> with the voting requirement of the declaration and the condo act which
> applied at that time RCW 64.34 etr seq
>
> Bryce H. Dille?|?Attorney at Law
> Dille Law, PLLC
> P:?360-350-0270 |?F:?844-210-4503
> 2010 Caton Way SW, Suite 101
> Olympia, Washington 98502
> www.dillelaw.com
>
> This transmission contains confidential attorney-client communications and
> may not be disclosed to any person but the intended recipient(s).? If this
> matter is transmitted to you in error, please notify the sender
> immediately.?
>
> Business Entity Creation and Management
> Business, Government and Tax Law
> Real Estate and Land Use, Residential, Commercial and Condominium
> Development Real Estate and Commercial Transactions & Closings, Including
> Performing Services as IRS Section 1031 Exchange Facilitator Estate
> Planning, including Wills and Trusts, and Probate Administration
> Representation Homeowners/Condominium Association Real Estate Developments
> Real Property Foreclosures and Forfeitures
>
> -----Original Message-----
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
> On Behalf Of Sangeeta Saigal
> Sent: Thursday, October 3, 2019 5:59 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Condo rental
>
> Good Morning,
>
> Would very much appreciate assistance with the following:
>
> A condo association in King County is stating that only 12 units can be a
> rental on the property.  If all slots are full then the owners need to wait
> until a slot opens.
>
> I believe there was a Supreme Court decision recently that ruled that
> HOA?s cannot limit owners rights to their property in this manner.
>
> Am I right?  Any other guidance on this issue?
>
> Thanks,
>
> Sangeeta
>
> Sent from my iPhone
>
>
> ***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
>
>
>
> ------------------------------
>
> Message: 3
> Date: Thu, 3 Oct 2019 16:20:34 +0000
> From: Paul Neumiller <pneumiller at hotmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Condo rental
> Message-ID:
>         <
> MWHPR11MB1597CFCD9A49C32034665DFFD29F0 at MWHPR11MB1597.namprd11.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> FILMORE LLLP, a Washington limited liability limited partnership,
> Respondent,
> v.
> UNIT OWNERS ASSOCIATION OF CENTRE POINTE CONDOMINIUM, a Washington
> nonprofit miscellaneous corporation, Appellant.????
>
>
>
>
> IMPORTANT NOTICE:? This e-mail message is intended to be received only by
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> ?
>
> -----Original Message-----
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
> On Behalf Of Sangeeta Saigal
> Sent: Thursday, October 3, 2019 5:59 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Condo rental
>
> Good Morning,
>
> Would very much appreciate assistance with the following:
>
> A condo association in King County is stating that only 12 units can be a
> rental on the property.  If all slots are full then the owners need to wait
> until a slot opens.
>
> I believe there was a Supreme Court decision recently that ruled that
> HOA?s cannot limit owners rights to their property in this manner.
>
> Am I right?  Any other guidance on this issue?
>
> Thanks,
>
> Sangeeta
>
> Sent from my iPhone
>
>
> ***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
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>
> ------------------------------
>
> Message: 4
> Date: Thu, 3 Oct 2019 16:22:15 +0000
> From: Bryce Dille <Bryce at dillelaw.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Decree of Diss. with common address - title
>         company response
> Message-ID:
>         <
> MWHPR11MB1565338829B4A2677334A98EC89F0 at MWHPR11MB1565.namprd11.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> My experience is no it will require either an amended decree with the
> legal in it or a quitclaim deed from one spouse to the other using the
> excise tax exemption of "pursuant to dissolution decree"
>
> Bryce H. Dille | Attorney at Law
> Dille Law, PLLC
> P: 360-350-0270 | F: 844-210-4503
> 2010 Caton Way SW, Suite 101
> Olympia, Washington 98502
> www.dillelaw.com<http://www.dillelaw.com/>
>
> This transmission contains confidential attorney-client communications and
> may not be disclosed to any person but the intended recipient(s).  If this
> matter is transmitted to you in error, please notify the sender immediately.
>
> Business Entity Creation and Management
> Business, Government and Tax Law
> Real Estate and Land Use, Residential, Commercial and Condominium
> Development Real Estate and Commercial Transactions & Closings, Including
> Performing Services as IRS Section 1031 Exchange Facilitator Estate
> Planning, including Wills and Trusts, and Probate Administration
> Representation Homeowners/Condominium Association Real Estate Developments
> Real Property Foreclosures and Forfeitures
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
> On Behalf Of Josh Grant
> Sent: Wednesday, October 2, 2019 11:17 AM
> To: wsbar <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Decree of Diss. with common address - title company
> response
>
> I have a client who is selling her house.  The title shows to H&W. Decree
> of dissolution awarded it to client but they used a common address and not
> a legal address in the decree.
> Will most title companies be satisfied with that?
> Joshua F. Grant
> [advocates]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
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> ------------------------------
>
> Message: 5
> Date: Thu, 3 Oct 2019 09:27:54 -0700
> From: John McCrady <j.mccrady at pstitle.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Decree of Diss. with common address - title
>         company response
> Message-ID:
>         <A8106026B40C9544A17DC5E44A2003EE02306858F432 at PSTMAILV.pstitle.com
> >
> Content-Type: text/plain; charset="us-ascii"
>
> Absent unusual circumstances, I would accept the decree as sufficient to
> pass title.
>
> John McCrady
> Counsel
> Puget Sound Title Company
> 5350 Orchard Street West
> University Place WA 98467
> 253-476-5721
> j.mccrady at pstitle.com
>
> From: wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
> Sent: Wednesday, October 02, 2019 11:17 AM
> To: wsbar <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Decree of Diss. with common address - title company
> response
>
> I have a client who is selling her house.  The title shows to H&W. Decree
> of dissolution awarded it to client but they used a common address and not
> a legal address in the decree.
> Will most title companies be satisfied with that?
> Joshua F. Grant
> [cid:image001.png at 01D579CC.D5F79700]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>
>
>
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>
> ------------------------------
>
> ***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
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>
> End of WSBARP Digest, Vol 61, Issue 3
> *************************************
>


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