[WSBARP] Flexible Tree/Bush Height Language for CC & R's

[Robert R. Cole]

One problem with having an objective height restriction:  Island Co Sup 
Ct long ago ruled that the statute of limitations applied to an 
offending tree, so if it had been over 25 feet (using Doug's example) 
for more than 6 years, it could not be complained about, even if the 
tree didn't block a view when it was 25 feet tall. That basically 
stopped that HOA from ever bringing suit again.  So I like the more 
subjective standard, especially one that states what "view" is being 
protected.  Also, changing the CC&Rs may end up grandfathering a lot of 
trees, so be careful of that.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

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On 8/26/2020 4:46 PM, Douglas Scott wrote:
> One drafted in a Declaration in which I am dealing states that:
> No structure or part thereof on the real property which is described 
> on the attached Exhibit A as the Smith Property and the Jones Property 
> may be erected or constructed, and no trees, shrubs or other 
> vegetation may be permitted to grow, to an elevation greater than 25 
> feet above the existing grade.
>
> It could also state that they cannot grow to a height which impairs 
> the view of the Olympic Mtns from the Doe and Moe properties.
>
> *DOUGLAS W. SCOTT*
> Rainier Legal Advocates|LLC
>
> 465 Rainier Blvd. N., Suite C
> Issaquah, Washington 98027
> 425.392.8550 (tel)
> 425.392.2829 (fax)
> *
> *
>
>
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> On Wed, Aug 26, 2020 at 9:47 AM Jeff Davis <jeff at bellanddavispllc.com 
> <mailto:jeff at bellanddavispllc.com>> wrote:
>
>     Listmates:
>
>     Client is revising CC & R’s and wants to incorporate a more
>     flexible height restrictions for trees and bushes.  The HOA has
>     seven different Plats where some lots enjoy  views of the strait
>     with other looking at the Olympic Mountains.  In places where
>     trees/bushes do no impair any views the restrictions  do not make
>     sense, but have lead to nasty neighbor interaction for owners just
>     wanting to make trouble.  Do any of you have language that
>     addresses this type of issue that you would be willing to share?
>
>     Jeff Davis
>
>     W. Jeff Davis, Esq.
>
>     BELL & DAVIS PLLC
>     P.O. Box 510
>     Sequim WA 98382
>     Phone No.:(360) 683.1129
>     Fax No.: (360) 683.1258
>     email: info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>
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