[WSBARP] Covenants - Residential use

Randy Boyer randyedlynlaw at gmail.com
Mon Sep 28 09:51:57 PDT 2020


Rob

Thank you.  The materials are very helpful.  They do not discuss covenants though.  The cases I found on covenants in this state seemed to uphold covenants against day care and adult family homes.  In this case the covenants state single family residential and have not business use exception.  

Randy
Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S. 
7017 196th St. S.W.  Lynnwood, Washington 98036
( 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com>
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> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Fri, 25 Sep 2020 13:15:07 -0700
> From: <rob at hctc.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Covenants - Residential use
> Message-ID: <01f301d69378$9058b6e0$b10a24a0$@hctc.com>
> Content-Type: text/plain;	charset="utf-8"
> 
> Absolutely. Start with the federal Fair Housing Act. Group homes, generally, are going to be worth thinking hard about. For them, also look at RCW 64.38.060. You might want to start here: http://mrsc.org/Home/Explore-Topics/Legal/Planning/Group-Homes.aspx.   Daycares are different, but also tricky.  How many kids? What kind of license? What exactly do the covenants say? Are they prohibitions on the kinds of buildings (single family residences only), or the kinds of uses (single family residential uses) or both? Yours is a challenging task. 
> 
> 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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> 
> -----Original Message-----
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Randy Boyer
> Sent: Friday, September 25, 2020 11:58 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Covenants - Residential use
> 
> Listmates
> 
> Are there Federal or Washington State legislation or cases that override covenants that restrict lots  residential use.  Prior cases held that covenants limited use to residential use do not allow AFHs and Daycare.  Has that changed?
> 
> Randy
> Randy M. Boyer                                                 ______
> Attorney, WSBA# 8665
> Law Office of Randy M. Boyer, Inc. P.S. 
> 7017 196th St. S.W.  Lynnwood, Washington 98036
> ( 425.712.3107|   Fax 425.778.2274
> mail to: randyedlynlaw at gmail.com
> This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and is legally privileged.  This email was sent by an attorney or his agent, is intended only for the addressee?s use, and may contain confidential and privileged information.  If you are not the intended recipient, you are hereby notified that any retention, dissemination, reproduction or other use of the information contained in this e-mail is strictly prohibited.  If you have received this email in error, please delete it and immediately notify the sender by reply email.  Thank you for your cooperation.
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> ------------------------------
> 
> Message: 2
> Date: Fri, 25 Sep 2020 15:56:13 -0700
> From: "Robert R. Cole" <cole-gilday at stanwoodlaw.net>
> To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] receivership
> Message-ID: <d01ae0c4-55ba-5189-616a-9ca911516073 at stanwoodlaw.net>
> Content-Type: text/plain; charset="utf-8"; Format="flowed"
> 
> Client sold property on a Real Estate Contract.? Buyer went belly up and 
> got put into a receivership.? About the only asset in the receivership 
> is this property.? Only potential buyers Receiver has come up with would 
> not pay off the REC in full, and those deals fell through.? At the 
> beginning we told the Court that it should be for a limited time and it 
> should be a full payoff to REC Vendor.? Couple questions:? REC seems 
> more like an executory contract than a lien?? Any helpful hints on 
> getting the REC out of the receivership?
> 
> -- 
> 
> Very Truly Yours,
> 
> Robert R. Cole
> 
> Law Office of Cole & Gilday, P.C.
> 
> 10101 - 270th St. NW
> 
> Stanwood, WA 98292
> 
> (360) 629-2900 (Telephone)
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> (360) 629-0220 (Fax)
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> Message: 3
> Date: Fri, 25 Sep 2020 22:22:17 -0700
> From: <msafren at jennylinglaw.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>,
> 	"'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Job Opening/ Job Opportunity for paralegal/ legal
> 	assistant
> Message-ID: <001b01d693c5$019d3a50$04d7aef0$@jennylinglaw.com>
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> Hello Colleagues,
> 
> 
> 
> My firm is growing and we have an job opening or job opportunity for a
> part-time legal assistant/ paralegal for our south Seattle office.  I've
> attached the job description and instructions for application to this amil
> and a link to the same on our website is here:
> https://www.jennylinglaw.com/jobs/paralegal-legal-assistant/   
> 
> 
> 
> Please share this information with anyone that you might think would be
> interested and I appreciate you sharing with your networks.
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> 
> Warmest regards,
> 
> Michael S. Safren, Esq. 
> Attorney at Law 
> 
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
> P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
> msafren at jennylinglaw.com 
> <http://www.jennylinglaw.com> www.jennylinglaw.com |
> <http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 
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