[WSBARP] Causes of Action By Buyer Against HOA?
Kary Krismer
Krismer at comcast.net
Wed Jun 16 10:06:15 PDT 2021
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
>
> T: 206-467-1559
>
> F: 206-467-4489
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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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