[WSBARP] WSBARP Digest, Vol 70, Issue 22
Stephen Whitehouse
swhite8893 at aol.com
Fri Jul 24 14:53:00 PDT 2020
Bryce, There are really two separate issues under Procalamtion 20.19.1. I have not looked to see if that changed with what the governor did yesterday. The governor did not prohibit any thing. He suspended the operation of RCW 64.38.020. While that statute purports to authorize assessments, late charges, and fines, at least as to the first two, an HOA can do these things without that statute based upon contract principles. The governor would have a hard time prohibiting these acts for the same reason that the legislature in 2009 could not prohibit foreclosures. It would be an interference with a contract which violates the state constitution. Fines may be a different story. There was no case in Washington prior to the HOA act that said you could, or could not, create a system of fines. My thinking at the time was you could as long as there were due process considerations built in. Having said that, we know courts are going to interpret these things broadly for the time being and any act by an HOA in a grey area is not going to be viewed well. We are telling our associations that they can do all normal charges and assessments and any other late charges and such that they are authorized to charge, but to not take any further enforcement action. As to fines, we are suggesting they can give notice of a violation and that a fine might follow, but to not actually issue any fines until things change. I think that strikes a balance between the rights of the HOA and what the governor is trying to accomplish. Also, in a small community like ours, I do not want our local judges to think any of our HOAs act in an oppressive fashion, but that we do have the honest interests of associations to protect.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
To: wsbarp at lists.wsbarppt.com
Sent: Thu, Jul 23, 2020 12:00 pm
Subject: WSBARP Digest, Vol 70, Issue 22
Send WSBARP mailing list submissions to
wsbarp at lists.wsbarppt.com
To subscribe or unsubscribe via the World Wide Web, visit
http://mailman.fsr.com/mailman/listinfo/wsbarp
or, via email, send a message with subject or body 'help' to
wsbarp-request at lists.wsbarppt.com
You can reach the person managing the list at
wsbarp-owner at lists.wsbarppt.com
When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBARP digest..."
Today's Topics:
1. HOA fines (Bryce Dille)
2. Bareboat Charter (Chris B)
3. Re: HOA fines (Patrick McDonald)
4. Re: Bareboat Charter (Kaitlyn Jackson)
5. Re: Bareboat Charter (Laird, Katherine)
6. Re: HOA fines (Josh Grant)
7. Pierce County Probate? (Paul Okner)
8. Re: HOA fines (rob at hctc.com)
9. Re: Bareboat Charter (Doug Owens)
10. Oregon fence law question (Eric Nelsen)
11. Voluntary Dismissal and Release of Lis Pendens - King County
(Kaitlyn Jackson)
12. real property inspection service in Gig Harbor (Doug Owens)
13. Re: real property inspection service in Gig Harbor (Kira Rubel)
14. 2nd Mortgage Modification (Justin Monro)
15. Covid-19 restrictions on contract forfeitures (John L)
16. Re: Covid-19 restrictions on contract forfeitures (Paul Neumiller)
----------------------------------------------------------------------
Message: 1
Date: Wed, 22 Jul 2020 19:21:07 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA fines
Message-ID:
<MW3PR11MB45886B6F2B4934F81C68FC8AC8790 at MW3PR11MB4588.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
I realize one of the Governors proclamations suspended collecting assessments and late fees by HOAs but I didn't see anything in proclamation suspending assessment of fines for violation of covenants or rules of the HOA so they can be collected does anyone have any opinions on this matter thank you.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/428d65be/attachment-0001.html>
------------------------------
Message: 2
Date: Wed, 22 Jul 2020 19:35:18 +0000
From: Chris B <Chrisb at heckerwakefield.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Bareboat Charter
Message-ID:
<CO2PR05MB24690CCCFC6A76DEF7133EFCDC790 at CO2PR05MB2469.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Here is one for you all... never seen this before.
One of my clients "bareboat chartered" a large boat. Signed a "one year charter" agreement. She moved in July 1st.
The agreement says in multiple places that it is not like a tenancy and the occupant isn't protected by the RLTA.
However, the purpose of the agreement is clearly for housing.
Owner now wants to rescind the agreement and force her to vacate. The agreement does contain some weasel clauses about being able to terminate it if it isn't mutually working out. She hasn't done anything wrong or violated the agreement, the owner just seems to want to charge more money because his own moorage expense has increased.
Does anyone have any insights into whether this sort of situation is covered by LL-T law? I am thinking there must be some analogies to people leasing out motor homes and whatnot.
FYI, the location is in Seattle.
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office - 206.447.9075 fax - www. heckerwakefield.com
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/3beee286/attachment-0001.html>
------------------------------
Message: 3
Date: Wed, 22 Jul 2020 19:41:58 +0000
From: Patrick McDonald <pmcdonald at podymcdonaldlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA fines
Message-ID:
<MW3PR13MB393044D4B31A08681AA9ED37BD790 at MW3PR13MB3930.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
Fines are prohibited as well. It?s not just collecting them, it?s assessing them, too. See proclamation 20-51.
Patrick McDonald
Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Bryce Dille <Bryce at dillelaw.com>
Sent: Wednesday, July 22, 2020 12:21:07 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA fines
I realize one of the Governors proclamations suspended collecting assessments and late fees by HOAs but I didn?t see anything in proclamation suspending assessment of fines for violation of covenants or rules of the HOA so they can be collected does anyone have any opinions on this matter thank you.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/cdab9e66/attachment-0001.html>
------------------------------
Message: 4
Date: Wed, 22 Jul 2020 12:47:04 -0700
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Bareboat Charter
Message-ID:
<CAO+NF_4tq0VqDQh48yk+mE0U=YZw+nQ9=qYHqip5AaH9+oFiuA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Please share the responses, if possible. I have wondered the same thing
about boats!
Kaitlyn
On Wed, Jul 22, 2020 at 12:38 PM Chris B <Chrisb at heckerwakefield.com> wrote:
> Here is one for you all? never seen this before.
>
>
>
> One of my clients ?bareboat chartered? a large boat. Signed a ?one year
> charter? agreement. She moved in July 1st.
>
>
>
> The agreement says in multiple places that it is not like a tenancy and
> the occupant isn?t protected by the RLTA.
>
>
>
> However, the purpose of the agreement is clearly for housing.
>
>
>
> Owner now wants to rescind the agreement and force her to vacate. The
> agreement does contain some weasel clauses about being able to terminate it
> if it isn?t mutually working out. She hasn?t done anything wrong or
> violated the agreement, the owner just seems to want to charge more money
> because his own moorage expense has increased.
>
>
>
> Does anyone have any insights into whether this sort of situation is
> covered by LL-T law? I am thinking there must be some analogies to people
> leasing out motor homes and whatnot.
>
>
>
> FYI, the location is in Seattle.
>
>
>
> Chris Benis
>
> *Hecker, Wakefield & Feilberg, P.S.*
>
> 321 First Avenue West, Seattle, WA 98119
>
> 206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com
>
>
>
> *This message contains information that may be CONFIDENTIAL AND
> PRIVILEGED. Unless you are the addressee (or authorized to receive for the
> addressee), you may not use, copy or disclose to anyone the message or any
> information contained in the message. If you have received the message in
> error, please advise the sender by reply e-mail chrisb at heckerwakefield.com
> <chrisb at heckerwakefield.com>, and delete this message. Thank you very much.*
>
> *To comply with recent IRS rules, we must inform you that this message, if
> it contains advice relating to federal taxes, was not intended or written
> to be used, and it cannot be used, for the purpose of avoiding penalties
> that may be imposed under federal tax law. Under recent IRS rules, a
> taxpayer may rely on professional advice to avoid federal tax penalties
> only if that advice is reflected in a comprehensive tax opinion that
> conforms to stringent requirements under federal law. Please contact me if
> you would like to discuss our preparation of an opinion that conforms to
> these new rules.*
>
>
>
>
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies.?Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230
DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/48430402/attachment-0001.html>
------------------------------
Message: 5
Date: Wed, 22 Jul 2020 20:28:50 +0000
From: "Laird, Katherine" <KatherineLaird at CenturyPacificLP.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Bareboat Charter
Message-ID:
<b4487e31-ee33-48ca-af17-bc9c55c32e09 at CenturyPacificLP.com>
Content-Type: text/plain; charset="windows-1252"
Is this is a residential use perhaps the governor's eviction moratorium helps?
Good luck,
K
Sent from Workspace ONE Boxer
On Jul 22, 2020 12:49 PM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com> wrote:
[EXTERNAL]
________________________________
Please share the responses, if possible. I have wondered the same thing about boats!
Kaitlyn
On Wed, Jul 22, 2020 at 12:38 PM Chris B <Chrisb at heckerwakefield.com<mailto:Chrisb at heckerwakefield.com>> wrote:
Here is one for you all? never seen this before.
One of my clients ?bareboat chartered? a large boat. Signed a ?one year charter? agreement. She moved in July 1st.
The agreement says in multiple places that it is not like a tenancy and the occupant isn?t protected by the RLTA.
However, the purpose of the agreement is clearly for housing.
Owner now wants to rescind the agreement and force her to vacate. The agreement does contain some weasel clauses about being able to terminate it if it isn?t mutually working out. She hasn?t done anything wrong or violated the agreement, the owner just seems to want to charge more money because his own moorage expense has increased.
Does anyone have any insights into whether this sort of situation is covered by LL-T law? I am thinking there must be some analogies to people leasing out motor homes and whatnot.
FYI, the location is in Seattle.
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com<http://heckerwakefield.com>
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp<http://mailman.fsr.com/mailman/listinfo/wsbarp>
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com| www.dimensionlaw.com<http://www.dimensionlaw.com>
Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/676a7d24/attachment-0001.html>
------------------------------
Message: 6
Date: Wed, 22 Jul 2020 13:55:37 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA fines
Message-ID: <E895C6A9A47F48D8A070B81BD13C6E27 at JoshPC>
Content-Type: text/plain; charset="utf-8"
Is this scheduled (for now at least) to end at the same time as the landlord tenant evictions?
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Bryce Dille
Sent: Wednesday, July 22, 2020 12:21 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] HOA fines
I realize one of the Governors proclamations suspended collecting assessments and late fees by HOAs but I didn?t see anything in proclamation suspending assessment of fines for violation of covenants or rules of the HOA so they can be collected does anyone have any opinions on this matter thank you.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
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
--------------------------------------------------------------------------------
***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/a7d66f2a/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/a7d66f2a/advocates3-0001.png>
------------------------------
Message: 7
Date: Wed, 22 Jul 2020 14:18:56 -0700
From: Paul Okner <paul at fremontlawgroup.com>
To: WSBA Real Property Listserv <WSBARP at lists.wsbarppt.com>
Subject: [WSBARP] Pierce County Probate?
Message-ID:
<CAOsMK+SCEP_0Fq1qeLF4pM_tNkm5y95mHupQZeVL3OB41NWu+A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Family member of a client of mine seeks an attorney to handle a probate in
Pierce County. If you or someone you know would be a good fit, let me know
and I'll pass along your info.
Sincerely,
-Paul Okner
*Fremont Law Group PLLC*
3417 Fremont Ave. N. Suite 225
Seattle, WA 98103
(206) 399 - 1922
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/1d8bce1c/attachment-0001.html>
------------------------------
Message: 8
Date: Wed, 22 Jul 2020 14:50:37 -0700
From: <rob at hctc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA fines
Message-ID: <033f01d66072$22d522e0$687f68a0$@hctc.com>
Content-Type: text/plain; charset="utf-8"
Aug 1, 11:59 PM, see Proclamation 20-51.5. And sometimes they extend them after they have expired by a day or two.
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
<http://www.hossandwilson-hoss.com> www.hossandwilson-hoss.com
<mailto:rob at hctc.com> rob at hctc.com
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, July 22, 2020 1:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA fines
Is this scheduled (for now at least) to end at the same time as the landlord tenant evictions?
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Bryce Dille
Sent: Wednesday, July 22, 2020 12:21 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] HOA fines
I realize one of the Governors proclamations suspended collecting assessments and late fees by HOAs but I didn?t see anything in proclamation suspending assessment of fines for violation of covenants or rules of the HOA so they can be collected does anyone have any opinions on this matter thank you.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
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
_____
***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/90580e73/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/90580e73/image001-0001.png>
------------------------------
Message: 9
Date: Wed, 22 Jul 2020 22:58:28 +0000
From: Doug Owens <dougowens at seattlerelawyer.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Bareboat Charter
Message-ID: <2D44B78C-0049-44EC-8616-1501DBFEEE96 at seattlerelawyer.com>
Content-Type: text/plain; charset="utf-8"
The Governor?s moratorium appears to apply to dwellings or parcels of land occupied as dwellings. It is hard to fit a boat on the water within the terms of that, and a ?dwelling unit? is defined in the RLTA as part of a ?structure.? Perhaps someone with admiralty experience could weigh in.
On Jul 22, 2020, at 1:28 PM, Laird, Katherine <KatherineLaird at CenturyPacificLP.com<mailto:KatherineLaird at CenturyPacificLP.com>> wrote:
Is this is a residential use perhaps the governor's eviction moratorium helps?
Good luck,
K
Sent from Workspace ONE Boxer
On Jul 22, 2020 12:49 PM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:
[EXTERNAL]
________________________________
Please share the responses, if possible. I have wondered the same thing about boats!
Kaitlyn
On Wed, Jul 22, 2020 at 12:38 PM Chris B <Chrisb at heckerwakefield.com<mailto:Chrisb at heckerwakefield.com>> wrote:
Here is one for you all? never seen this before.
One of my clients ?bareboat chartered? a large boat. Signed a ?one year charter? agreement. She moved in July 1st.
The agreement says in multiple places that it is not like a tenancy and the occupant isn?t protected by the RLTA.
However, the purpose of the agreement is clearly for housing.
Owner now wants to rescind the agreement and force her to vacate. The agreement does contain some weasel clauses about being able to terminate it if it isn?t mutually working out. She hasn?t done anything wrong or violated the agreement, the owner just seems to want to charge more money because his own moorage expense has increased.
Does anyone have any insights into whether this sort of situation is covered by LL-T law? I am thinking there must be some analogies to people leasing out motor homes and whatnot.
FYI, the location is in Seattle.
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com<http://heckerwakefield.com/>
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com| www.dimensionlaw.com<http://www.dimensionlaw.com/>
Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/16639fa6/attachment-0001.html>
------------------------------
Message: 10
Date: Thu, 23 Jul 2020 03:01:35 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Oregon fence law question
Message-ID:
<57DC2058F333E340877E551711127784A4431AF9 at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="us-ascii"
If there is one of my esteemed colleagues who practices in Oregon and knows this off the top of their head, a little advice would be much appreciated...
Doing some research for a relative who lives in the City of Portland. Residential property in the city, and neighbor has put up an expensive cedar fence along the common boundary and is demanding my relative pay half under ORS 96.010<https://www.oregonlegislature.gov/bills_laws/ors/ors096.html>.
I've looked at the statute and all of chapter 96, and searched Oregon cases. This chapter on "line and partitition fences" appears to me to be applicable only to rural land, livestock fences, and enclosure fences within that kind of rural-land and farming meaning. Similar to our Ch. 16.60 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=16.60>.
I don't see any indication in Oregon case law, or in websites for Oregon law, that the statute has been applied in an urban residential setting, any more than Ch. 16.60 RCW is used in Washington in that way.
Am I right? Or do Oregon practitioners believe that a residential neighbor can be forced to share the expense of a boundary fence?
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.
MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/2bab81f3/attachment-0001.html>
------------------------------
Message: 11
Date: Wed, 22 Jul 2020 22:42:00 -0700
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Voluntary Dismissal and Release of Lis Pendens -
King County
Message-ID:
<CAO+NF_5wj+SkRqR7dVy8dnsDB0FB_US+HFGHYU1r8WuzqytgNg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Hello Brain Trust -
Does anyone have a Voluntary Dismissal and Release of Lis Pendens form they
are willing to share?
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies.?Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230
DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200722/649545e6/attachment-0001.html>
------------------------------
Message: 12
Date: Thu, 23 Jul 2020 14:20:47 +0000
From: Doug Owens <dougowens at seattlerelawyer.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] real property inspection service in Gig Harbor
Message-ID: <61EBECC1-B7C8-4C57-89C1-FCC37FBDC44D at seattlerelawyer.com>
Content-Type: text/plain; charset="us-ascii"
Dear list mates, I have a client who needs a good residential property inspector for a possible acquisition in Gig Harbor. Do any of you know of such inspectors that your clients have been pleased with? Thank you. Yours truly, Doug Owens
------------------------------
Message: 13
Date: Thu, 23 Jul 2020 08:04:58 -0700
From: Kira Rubel <kira at theharborlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] real property inspection service in Gig Harbor
Message-ID:
<CAHZ-pGup5D_FNKqTtPO0xzDxSEUHxofnLixM5sYHxSBdY0_56A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
The Sterling Inspection Group is top notch in this area. They are
incredibly prompt, reliable, and offer warranties on various things! Your
client can contact Kathy Horton at kathy at sterlinginspections.com for more
information.
*Kira M. Rubel*
**Licensed in CA and WA*
*The Harbor Law Group (**formerly, Law Office of Kira M. Rubel**)*
*3615 Harborview Drive NW, Suite C (on the dock)*
*Gig Harbor, WA 98332-2129*
Tel. (253) 251-2955 | (800) 836-6531
Fax. (206) 238-1694
Zoom ID. (253) 251-2977
www.theharborlawgroup.com
The information transmitted (including any attachments) is intended only
for the person to whom it is addressed and may contain confidential and/or
privileged material that may be protected by law from disclosure. If you
receive this transmission in error, please notify the sender by reply
e-mail and delete the message and any attachments from your computer. Any
review, retransmission, dissemination, copying, or other use of, or taking
of any action in reliance upon, this information by persons or entities
other than the intended recipient is prohibited.
No Tax Advice: No matter what I say in this email, I am an attorney, not a
tax advisor and cannot provide any tax advice to you! Please refer all tax
matters to your own tax advisor to ensure you are receiving the most
up-to-date and relevant tax advice.
On Thu, Jul 23, 2020 at 7:30 AM Doug Owens <dougowens at seattlerelawyer.com>
wrote:
> Dear list mates, I have a client who needs a good residential property
> inspector for a possible acquisition in Gig Harbor. Do any of you know of
> such inspectors that your clients have been pleased with? Thank you.
> Yours truly, Doug Owens
>
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/910d1d49/attachment-0001.html>
------------------------------
Message: 14
Date: Thu, 23 Jul 2020 17:58:04 +0000
From: Justin Monro <justinm at monrolawfirm.com>
To: "'wsbarp at lists.wsbarppt.com'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] 2nd Mortgage Modification
Message-ID:
<MWHPR13MB13411DCFF553BE7D1CB0DC63DC760 at MWHPR13MB1341.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Listmates:
Client has a 2nd mortgage from 2005. The mortgage is not in default and paid timely along with the 1st.
2nd mortgage wants a balloon payment or negotiation possibly into the 1st. I recommended to refinance into one mortgage.
I don't do this type of work. Any recommendations on attorneys, I will pass along. Client home in Monroe/Snohomish area.
Thank you,
Justin K. Monro
Attorney at Law
The Monro Law Firm PS Inc.
1830 Bickford Ave. Ste 204
Snohomish, WA 98290
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/0893b575/attachment-0001.html>
------------------------------
Message: 15
Date: Thu, 23 Jul 2020 11:39:58 -0700
From: "John L" <johnl at ollps.com>
To: <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Covid-19 restrictions on contract forfeitures
Message-ID:
<!&!AAAAAAAAAAAYAAAAAAAAAPsWq1fJ6jFDgOvqOatM9JLCgAAAEAAAAJcu6HkDm5dMggdS1ZXOabABAAAAAA==@ollps.com>
Content-Type: text/plain; charset="us-ascii"
Smart Lawyers,
Are there any Covid-19 restrictions on private real estate contract
forfeitures?
Thank you.
John H. Loeffler
Olson Loeffler Law Group, P.S.
8414 N. Wall, Suite A
Spokane, Wa 99208-6171
Phone: 509.467.6767
<mailto:JohnL at Ollps.com> JohnL at Ollps.com
This communication, including attachments, is confidential, may be subject
to legal privileges, and is intended for the sole use of the addressee. Any
use, duplication, disclosure or dissemination of this communication, other
than by the addressee(s), is prohibited. If you have received this
communication in error, please notify the sender immediately and delete or
destroy this communication and all copies. To comply with the requirements
imposed by IRS Circular 230 Notice, we inform you that any US federal tax
advice contained an any email, attachment, or other writing (including any
attachments), unless specifically stated otherwise, is not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending any transaction or matter addressed herein to another party.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/7202faa8/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 78509 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/7202faa8/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 1864 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/7202faa8/image003-0001.jpg>
------------------------------
Message: 16
Date: Thu, 23 Jul 2020 18:58:46 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Covid-19 restrictions on contract forfeitures
Message-ID:
<MW3PR13MB39800C6D5F35F99FDD33CB80D2760 at MW3PR13MB3980.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="iso-8859-1"
I couldn't find a moratorium on RE contract forfeitures and have started one. However, I have advised the client that we will not be able to do the follow-up eviction if the debtor refuses to move out while the statewide eviction moratorium is in place.
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of John L <johnl at ollps.com>
Sent: Thursday, July 23, 2020 11:39 AM
To: wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Covid-19 restrictions on contract forfeitures
Smart Lawyers,
Are there any Covid-19 restrictions on private real estate contract forfeitures?
Thank you.
John H. Loeffler
[cid:image003.jpg at 01D660E5.FE002D10]
Olson Loeffler Law Group, P.S.
8414 N. Wall, Suite A
Spokane, Wa 99208-6171
Phone: 509.467.6767
JohnL at Ollps.com<mailto:JohnL at Ollps.com>
This communication, including attachments, is confidential, may be subject to legal privileges, and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee(s), is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. To comply with the requirements imposed by IRS Circular 230 Notice, we inform you that any US federal tax advice contained an any email, attachment, or other writing (including any attachments), unless specifically stated otherwise, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending any transaction or matter addressed herein to another party.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/f00a8f1b/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 1864 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200723/f00a8f1b/image003-0001.jpg>
------------------------------
***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
End of WSBARP Digest, Vol 70, Issue 22
**************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200724/35f0ba79/attachment.html>
More information about the WSBARP
mailing list