[WSBARP] Flexible Tree/Bush Height Language for CC & R's
Robert R. Cole
cole-gilday at stanwoodlaw.net
Thu Aug 27 10:28:59 PDT 2020
Nope. I just have to handle all the fall out. There was no appeal, but
it is precedent for that association.
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.
10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)
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On 8/26/2020 6:42 PM, Ron Housh wrote:
> 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> 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
>>
>> (360) 629-2900 (Telephone)
>>
>> (360) 629-0220 (Fax)
>>
>> This message contains confidential and privileged information that is
>> intended only for the named recipient(s).Unless you are the named
>> recipient or authorized agent thereof, you are prohibited from
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>> information.If you receive this communication in error, please notify
>> the sender immediately.
>>
>> 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)
>>> *
>>> *
>>>
>>>
>>> www.rainieradvocates.com <http://www.rainieradvocates.com/>
>>>
>>>
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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>
>>> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>>>
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