[WSBARP] WSBARP Digest, Vol 74, Issue 6
Stephen Whitehouse
swhite8893 at aol.com
Fri Nov 6 12:54:40 PST 2020
Paul, I represented Fawn Lake in Fawn Lake v Abers. I would be happy to discuss it with you next week.
Steve Whitehouse
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
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Subject: WSBARP Digest, Vol 74, Issue 6
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Today's Topics:
1. Motion and Order to Show Cause/ Thurston County/ Unlawful
Detainer (Kaitlyn Jackson)
2. Re: HOA Matters (Paul Neumiller)
3. Re: HOA Matters (Eric Nelsen)
4. Re: HOA Matters (rob at hctc.com)
----------------------------------------------------------------------
Message: 1
Date: Thu, 5 Nov 2020 12:57:21 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Motion and Order to Show Cause/ Thurston County/
Unlawful Detainer
Message-ID:
<CAO+NF_49Qf437r9agz9ehD0g70pCsOpoE_LVv+NJ86n6UGCiZQ at mail.gmail.com>
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Braintrust -
Anyone have an *updated* motion/order to show cause in Thurston County for
a residential unlawful detainer that they are willing to share (asking for
a friend who does not have access to listserve). I assume that their new
procedures for Zoom hearings will be on a recent version.
Thanks in advance for any help!
Kaitlyn
--
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
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Message: 2
Date: Fri, 6 Nov 2020 00:09:33 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
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For the good of the order (ie. hivemind):
"Aldons and Inese Abers appeal a summary judgment action in favor of Fawn Lake Maintenance Commission (FLMC); the Aberses maintain that because they combined their two subdivision lots into one, they are obligated to pay homeowners' dues for only one lot. The Aberses assert that a FLMC representative told them that if they combined their lots, they would pay dues for only one lot; thus, the Aberses reason that the FLMC has either waived its right to collect for two lots or is estopped from doing so. Finally, the Aberses appeal the trial court's award of attorney fees to FLMC. Because the covenants apply to the lots as originally configured, and because the Aberses failed to establish a prima facie case on their estoppel and waiver arguments, the trial court properly ruled that the Aberses must pay dues on two lots. We affirm."
Fawn Lake Maintenance Com\'n v. Abers, 149 Wn.App. 318, 202 P.3d 1019, (Wash.App. Div. 2 2009)
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, October 8, 2020 1:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
I don't have a cite for you but I do know a few years ago a court of appeals case said combining two lots into one does not defeat a HOA from continuing to collect 2 assessments. I would think you could find it with a search engine.
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-----Original Message-----
From: Paul Neumiller
Sent: Thursday, October 08, 2020 1:28 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA Matters
Listmates: I have two quick questions with (I hope) quick answers: 1. I vaguely remember a case where a homeowner combined two lots and then refused to pay for the dues for the two lots because the homeowner now owned "only"
one lot. I think the WA court found for the homeowners association and rejected the homeowner's position. Anyone have a cite to that case?
2. I have a PC who is being told by her HOA board that ALL communications from the HOA's attorney are subject to the atty-client privilege and will not be shared with the homeowners. The board takes this position regarding all communications, even non-litigation matters such as interpretation of the CC&Rs. Any cases out there to get me going on research? Thanks, Paul Neumiller
***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.***
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Message: 3
Date: Fri, 6 Nov 2020 00:51:01 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
Message-ID:
<57DC2058F333E340877E551711127784F3406689 at SBS2011.SayreLawOffices.local>
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Thank you Paul!
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
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.
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, November 5, 2020 4:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
For the good of the order (ie. hivemind):
"Aldons and Inese Abers appeal a summary judgment action in favor of Fawn Lake Maintenance Commission (FLMC); the Aberses maintain that because they combined their two subdivision lots into one, they are obligated to pay homeowners' dues for only one lot. The Aberses assert that a FLMC representative told them that if they combined their lots, they would pay dues for only one lot; thus, the Aberses reason that the FLMC has either waived its right to collect for two lots or is estopped from doing so. Finally, the Aberses appeal the trial court's award of attorney fees to FLMC. Because the covenants apply to the lots as originally configured, and because the Aberses failed to establish a prima facie case on their estoppel and waiver arguments, the trial court properly ruled that the Aberses must pay dues on two lots. We affirm."
Fawn Lake Maintenance Com\'n v. Abers, 149 Wn.App. 318, 202 P.3d 1019, (Wash.App. Div. 2 2009)
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, October 8, 2020 1:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
I don't have a cite for you but I do know a few years ago a court of appeals case said combining two lots into one does not defeat a HOA from continuing to collect 2 assessments. I would think you could find it with a search engine.
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-----Original Message-----
From: Paul Neumiller
Sent: Thursday, October 08, 2020 1:28 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA Matters
Listmates: I have two quick questions with (I hope) quick answers: 1. I vaguely remember a case where a homeowner combined two lots and then refused to pay for the dues for the two lots because the homeowner now owned "only"
one lot. I think the WA court found for the homeowners association and rejected the homeowner's position. Anyone have a cite to that case?
2. I have a PC who is being told by her HOA board that ALL communications from the HOA's attorney are subject to the atty-client privilege and will not be shared with the homeowners. The board takes this position regarding all communications, even non-litigation matters such as interpretation of the CC&Rs. Any cases out there to get me going on research? Thanks, Paul Neumiller
***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.***
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------------------------------
Message: 4
Date: Fri, 6 Nov 2020 09:41:28 -0800
From: <rob at hctc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
Message-ID: <01c501d6b464$0e448870$2acd9950$@hctc.com>
Content-Type: text/plain; charset="us-ascii"
The trick is to look at all the governing documents, especially the plat
maps. They will probably refer to assessments by lot, and lot will probably
be intended to be, "originally platted lots." Look at the original
covenants, and anything else from that time period, such as the original
Articles or Bylaws. Whatever they say is what it all meant back then, and
that is the real issue. You can bolster this with more current Bylaws (or
Articles) , but they can't contradict the original covenants and plat maps
and so on. If you want to make it other than per lot, then you may not be
able to get there.
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
) applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Thursday, November 5, 2020 4:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
For the good of the order (ie. hivemind):
"Aldons and Inese Abers appeal a summary judgment action in favor of Fawn
Lake Maintenance Commission (FLMC); the Aberses maintain that because they
combined their two subdivision lots into one, they are obligated to pay
homeowners' dues for only one lot. The Aberses assert that a FLMC
representative told them that if they combined their lots, they would pay
dues for only one lot; thus, the Aberses reason that the FLMC has either
waived its right to collect for two lots or is estopped from doing so.
Finally, the Aberses appeal the trial court's award of attorney fees to
FLMC. Because the covenants apply to the lots as originally configured, and
because the Aberses failed to establish a prima facie case on their estoppel
and waiver arguments, the trial court properly ruled that the Aberses must
pay dues on two lots. We affirm."
Fawn Lake Maintenance Com\'n v. Abers, 149 Wn.App. 318, 202 P.3d 1019,
(Wash.App. Div. 2 2009)
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Josh Grant
Sent: Thursday, October 8, 2020 1:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Matters
I don't have a cite for you but I do know a few years ago a court of appeals
case said combining two lots into one does not defeat a HOA from continuing
to collect 2 assessments. I would think you could find it with a search
engine.
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-----Original Message-----
From: Paul Neumiller
Sent: Thursday, October 08, 2020 1:28 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA Matters
Listmates: I have two quick questions with (I hope) quick answers: 1. I
vaguely remember a case where a homeowner combined two lots and then refused
to pay for the dues for the two lots because the homeowner now owned "only"
one lot. I think the WA court found for the homeowners association and
rejected the homeowner's position. Anyone have a cite to that case?
2. I have a PC who is being told by her HOA board that ALL communications
from the HOA's attorney are subject to the atty-client privilege and will
not be shared with the homeowners. The board takes this position regarding
all communications, even non-litigation matters such as interpretation of
the CC&Rs. Any cases out there to get me going on research? Thanks, Paul
Neumiller
***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.***
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End of WSBARP Digest, Vol 74, Issue 6
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