[WSBARP] Cause of action and measure of damages for intentional interference with pipe easement

[Rob Wilson-Hoss]

Bellevue Farms v. Stevens, 96-page (!)  unpublished Div 1 HOA decision
today.

 

Lots to wonder at, but a key point is that when you have covenants that say
they can be amended, but they also say, the association can add additional
rules, then the association can add additional rules. Not likely to have
been written by the Chiwawa court, but this is an issue that Chiwawa set up
and did not answer and now we have the first try. OK, what if covenants say,
owners must be members of the HOA and must follow the Articles and Bylaws?
Can we add additional rules in the Articles and Bylaws about anything we
want? Banning short term rentals?

 

What remains of the various Chiwawa doctrines about additional burdens,
reasonably related, narrow interpretation of common plan, if you say one
thing about rentals you intend to not say anything else, and so on? Again,
the Chiwawa decision teed up a whole bunch of questions that will need
further appellate decisions based on particular facts to answer, but today's
was, in many ways, quite a surprise to me.

 

Probably evidencing only my limited imagination. I was kind of settling into
the general notion that additional burdens beyond what are already in the
covenants, if they are substantive and not procedural, will be disfavored.
Now, due to the accident of particular covenant provisions, if there is
something in the original covenants that references other rules that can
apply but haven't been thought of yet, why, they apply.  Even if the
original covenants talk about rentals. How far does this incorporation by
reference go?

 

Inquiring minds want to know. I would really like to hear someone else's
take on this. 

 

Rob  

 

Robert D. Wilson-Hoss

Hoss & Wilson-Hoss, LLP

236 West Birch Street

Shelton, WA 98584

360 426-2999

www.hossandwilson-hoss.com

rob at hctc.com

 

 

 

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