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

[Bryce Dille]

Its been my experience if you have a subjective standard such as “interferes with” or “obstructs”  view of Mountain does it mean 100%  0r 10%  that’s why a objective standard is easier to enforce.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ron Housh
Sent: Wednesday, August 26, 2020 6:42 PM
To: cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Flexible Tree/Bush Height Language for CC & R's

Hi Robert
Were you involved in that Island County case?
Ron Housh
Sent from my iPhone


On Aug 26, 2020, at 5:35 PM, Robert R. Cole <cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>> wrote:


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
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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
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