[WSBARP] Causes of Action By Buyer Against HOA?

Wed Jun 16 11:14:54 PDT 2021

The fact that the reclaimed parking stall was a handicap spot indicates to me that the Board like had to make the garage ADA compliant, or had an existing owner who became handicapped and required a more convenient stall. If the latter is the case, maybe a switch to two non-contiguous parking spaces for the buyer would be possible. If the former, complying with federal law likely ameliorates the HOA board’s liability. In any event, refunding a portion of the purchase price to the buyer seems like the best remedy for the error. Depending on the location of the condominium and how difficult street parking is, the second stall might be worth $25,000-$50,000.

Stephen DeShazo
In-House Counsel
Direct:   206.413.6359
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Wednesday, June 16, 2021 10:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Causes of Action By Buyer Against HOA?

I would add to your list of issues: Does the doctrine of merger eliminate the breach of contract claim for the second parking space?

Craig
Craig Blackmon, Attorney at Law<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
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On Wed, Jun 16, 2021 at 10:48 AM Samuel M. Meyler <samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>> wrote:
That is one of the issues that I am most curious about.  Hypothetically, let’s say that a thorough examination of the Declaration and Amendments would have revealed the fact that only one parking spot was assigned to the unit.  Theoretically, the Declaration and Amendments are on the title report as exclusions.  Let’s also say that parking spots were assigned after the original Declaration was recorded through an Amendment and when the HOA produced the Resale Certificate, the HOA produced only the Declaration and completely omitted the Amendments, which would have revealed the fact that only one parking spot was assigned.  Then, the Board produces the written confirmation that two spots were assigned.

What impact does the availability of the information in the public records have on the Buyer’s potential claims against the HOA?

With respect to the seller, the Purchase and Sale Agreement specifically identifies the two parking spots by number.  Seller had a contractual duty to convey two specific spots.

What impact does the availability of the information in the public records have on the Buyer’s potential claims against the Seller in this scenario?

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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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 Patrick McDonald
Sent: Wednesday, June 16, 2021 9:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Causes of Action By Buyer Against HOA?

Usually we’ll see claims of negligent misrepresentation and unintentional infliction of emotional distress for errors in resale certificates or otherwise incorrect information provided to buyers of condominium units by associations. However, in your case, the buyer may not have much of a case when public records would have disclosed what limited common elements were assigned to the unit he or she was purchasing.

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Samuel M. Meyler
Sent: June 16, 2021 9:29 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Causes of Action By Buyer Against HOA?

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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