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

Thu Aug 27 14:01:27 PDT 2020

Robert,
I have a case which could use a good statute of limitations argument based
upon my client's non-conforming deck that has been there for 10 years. Do
you have any citations or a copy of the island county courts order that you
could share.

*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

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On Thu, Aug 27, 2020 at 12:59 PM <scott at scottgthomaslaw.com> wrote:

> Can’t estimate how many times I have run into this.  Not just with trees,
> but with nearly anything that is regulated by a subjective standard,
> creating a problem that a homeowner has to look at and be reminded of on a
> daily basis.  I often wish that the CC&R’s I read contained a mandatory
> mediation clause.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Bryce Dille
> *Sent:* Thursday, August 27, 2020 9:29 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Flexible Tree/Bush Height Language for CC & R's
>
>
>
> 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>
> 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)
>
>
>
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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)
>
>
>
>
>
>
>
> www.rainieradvocates.com
>
>
>
>
>
> Notice: This communication, including attachments, may contain
> information that is confidential and protected by the attorney/client or
> other privileges. It constitutes non-public information intended to be
> conveyed only to the designated recipient(s). If the reader or recipient of
> this communication is not the intended recipient, an employee or agent of
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>
>
>
>
>
> On Wed, Aug 26, 2020 at 9:47 AM Jeff Davis <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
> www.bellanddavispllc.com
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