[WSBARP] WSBARP Digest, Vol 61, Issue 3

Michael Brandt mbrandt at brandtlawgroup.com
Wed Oct 9 09:22:46 PDT 2019 

Sangeeta:

The claimed citation is not correct.  There are cases where the percentage of votes required to amend the declaration to allow for rental caps was deemed insufficient, but the right to limit rentals exists.

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 Lisa Chiang
Sent: Wednesday, October 9, 2019 7:46 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 61, Issue 3

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<mailto: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<mailto:attorney at sangeetasaigal.com>>
To: "wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Condo rental
Message-ID: <F3D084B6-6BDB-4718-955F-75F8A58D580B at sangeetasaigal.com<mailto: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<mailto:Bryce at dillelaw.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Condo rental
Message-ID:
        <MWHPR11MB156531692106C678AE736603C89F0 at MWHPR11MB1565.namprd11.prod.outlook.com<mailto: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<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

-----Original Message-----
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 Sangeeta Saigal
Sent: Thursday, October 3, 2019 5:59 AM
To: wsbarp at lists.wsbarppt.com<mailto: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.***

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------------------------------

Message: 3
Date: Thu, 3 Oct 2019 16:20:34 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Condo rental
Message-ID:
        <MWHPR11MB1597CFCD9A49C32034665DFFD29F0 at MWHPR11MB1597.namprd11.prod.outlook.com<mailto: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.????




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?

-----Original Message-----
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 Sangeeta Saigal
Sent: Thursday, October 3, 2019 5:59 AM
To: wsbarp at lists.wsbarppt.com<mailto: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.***

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------------------------------

Message: 4
Date: Thu, 3 Oct 2019 16:22:15 +0000
From: Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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><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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:j.mccrady at pstitle.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Decree of Diss. with common address - title
        company response
Message-ID:
        <A8106026B40C9544A17DC5E44A2003EE02306858F432 at PSTMAILV.pstitle.com<mailto: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<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<mailto: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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End of WSBARP Digest, Vol 61, Issue 3
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