[WSBARP] Covenants - Residential use
rob at hctc.com
rob at hctc.com
Mon Sep 28 10:20:13 PDT 2020
Randy, the covenants yield to federal and state law. I think most of the the cases are about covenants. Here’s an article about a recent case FHA. https://www.hoaleader.com/members/Group-Home-Must-Be-Accommodated-By-HOA-Federal-Court-Rules.cfm. Where the rules about group homes come in is, if there is any way to tie family status or disability to the group home, then the group home gets to stay in a reasonable accommodation setting, even in a single family residential covenanted community.
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com <http://www.hossandwilson-hoss.com>
rob at hctc.com <mailto:rob at hctc.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Randy Boyer
Sent: Monday, September 28, 2020 9:52 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Covenants - Residential use
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 <mailto:rob at hctc.com> >
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Covenants - Residential use
Message-ID: <01f301d69378$9058b6e0$b10a24a0$@hctc.com <mailto:01f301d69378$9058b6e0$b10a24a0$@hctc.com> >
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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 <http://www.hossandwilson-hoss.com>
rob at hctc.com <mailto:rob at hctc.com>
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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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 <mailto:randyedlynlaw at gmail.com>
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Message: 2
Date: Fri, 25 Sep 2020 15:56:13 -0700
From: "Robert R. Cole" <cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net> >
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] receivership
Message-ID: <d01ae0c4-55ba-5189-616a-9ca911516073 at stanwoodlaw.net <mailto:d01ae0c4-55ba-5189-616a-9ca911516073 at stanwoodlaw.net> >
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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)
(360) 629-0220 (Fax)
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Message: 3
Date: Fri, 25 Sep 2020 22:22:17 -0700
From: <msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> >
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >,
"'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Job Opening/ Job Opportunity for paralegal/ legal
assistant
Message-ID: <001b01d693c5$019d3a50$04d7aef0$@jennylinglaw.com <mailto: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.
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 <mailto:msafren at jennylinglaw.com>
<http://www.jennylinglaw.com> www.jennylinglaw.com <http://www.jennylinglaw.com> |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/
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