[WSBARP] Causes of Action By Buyer Against HOA?

[Patrick McDonald]

It's possible there might be a claim against the title insurance company but it's unlikely. Most limited common elements are assigned by the condominium declaration (as opposed to being assigned by the declarant in the deeds to the original purchasers) and the declaration would have been listed as an exception in the title policy.

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: June 16, 2021 9:50 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Causes of Action By Buyer Against HOA?


I would wonder whether this would be something that would give rise to title insurance coverage.  Some condo parking spots are deeded, so that seemingly would be clear.  This is not one of those HOAs, however.

Kary L. Krismer

206 723-2148
On 6/16/2021 9:29 AM, Samuel M. Meyler wrote:
Listmates,

During a transaction to purchase a condominium, Buyer received materials from the HOA Board that proved to be false.  The Board provided written confirmation that the unit was assigned two specific parking spaces.  Relying on this written confirmation, Buyer completed the purchase.  Several months later, the Board advised that one of the parking spaces was not actually assigned to the unit and reclaimed the parking space by painting it to designate it a handicap space.  Buyer has claims against the Seller and the HOA.  What viable causes of action does the Buyer have against the HOA?  Thanks for your input.

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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