[WSBARP] Causes of Action By Buyer Against HOA?

[Kary Krismer]

I guess that's the advantage of the deeded parking spots.  I hadn't 
thought about the obvious (the declaration being an exception), but that 
seemingly is correct.

Kary L. Krismer
206 723-2148

On 6/16/2021 10:01 AM, Patrick McDonald wrote:
>
> 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
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> T: 206-467-1559
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> *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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