[WSBARP] WSBARP Digest, Vol 95, Issue 15

Tue Aug 16 11:47:00 PDT 2022

I had researched this issue years ago and had reached the conclusion you could not amend the covenants to exclude rentals because of income backed expectations. Under Wilkenson v Chiwawa, it is clear you cannot. However, I do not think the case law prevents you from regulating them to try to deal with some of the issues they can present.
Steve 

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Aug 16, 2022 11:06 am
Subject: WSBARP Digest, Vol 95, Issue 15

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Today's Topics:

  1. HOA limitations on short term rentals (Annie Fitzsimmons)
  2. Re: HOA limitations on short term rentals (Josh Grant)
  3. Re: HOA limitations on short term rentals (Douglas Scott)
  4. Re: HOA limitations on short term rentals (Bryce Dille)
  5. Re: HOA limitations on short term rentals (Brent Williams-Ruth)
  6. Re: HOA limitations on short term rentals (Douglas Scott)
  7. Re: HOA limitations on short term rentals (Brent Williams-Ruth)
  8. Re: HOA limitations on short term rentals (Mark Anderson)
  9. escrow for restaurant closing (Douglas Scott)
  10. Re: escrow for restaurant closing (Heather Walley)
  11. Re: escrow for restaurant closing (Jennifer L White)

----------------------------------------------------------------------

Message: 1
Date: Mon, 15 Aug 2022 13:13:20 -0700 (PDT)
From: Annie Fitzsimmons <atfitz at comcast.net>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA limitations on short term rentals
Message-ID: <1326796711.230527.1660594401045 at connect.xfinity.com>
Content-Type: text/plain; charset="utf-8"

Hello All - I am hoping to avoid emergency research.  Ack!

Is it still true that if an existing association wants to incorporate a restriction on short term rentals in the CCRs, that requires unanimous consent unless there is already a provision in the CCRs addressing use of the property for rental purposes?

Thanks!  Annie

Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528
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Message: 2
Date: Mon, 15 Aug 2022 13:32:50 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID: <FF007A3CF7D14258B470EE3298285A0C at JoshPC>
Content-Type: text/plain; charset="utf-8"

You have to amend the CC&R?s.  The % of lot owners required to amend should be set out in the original CC&R?s.  Usually it is 76%.  If it doesn?t say the % there is a state statute that determines the %.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Annie Fitzsimmons 
Sent: Monday, August 15, 2022 1:13 PM
To: wsbarp at lists.wsbarppt.com 
Subject: [WSBARP] HOA limitations on short term rentals

Hello All - I am hoping to avoid emergency research.  Ack! 

Is it still true that if an existing association wants to incorporate a restriction on short term rentals in the CCRs, that requires unanimous consent unless there is already a provision in the CCRs addressing use of the property for rental purposes? 

Thanks!  Annie 
Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528

--------------------------------------------------------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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Message: 3
Date: Mon, 15 Aug 2022 13:32:54 -0700
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID:
    <CANnLPWB2xqR9inY=Up0Wgq8858_=gJgsB26=Df5JNRtKdauEtA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Good question.  My recollection is that the Wilkinson v Chiwawa case
invalidated short term rentals because they went against the collective
interests of the HOA as indicated by the purposes of the original governing
documents.  The Chiwawa HOA was a Lake Chelan condo that lent itself to
short term rentals. I believe that in non-destination type condos it
would be appropriate for short term rentals to be restricted and since they
do not impact the value of the property or the percentage of ownership they
do not require a 100% approval vote. Whether such restrictions would also
apply to unit owners who bought before the rental restriction is another
question.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com

Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in
error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may
be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege

On Mon, Aug 15, 2022 at 1:21 PM Annie Fitzsimmons <atfitz at comcast.net>
wrote:

> Hello All - I am hoping to avoid emergency research.  Ack!
>
> Is it still true that if an existing association wants to incorporate a
> restriction on short term rentals in the CCRs, that requires unanimous
> consent unless there is already a provision in the CCRs addressing use of
> the property for rental purposes?
>
> Thanks!  Annie
>
> Annette T. Fitzsimmons P.S.
> P.O. Box 430
> Belfair, WA 98528
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 4
Date: Mon, 15 Aug 2022 20:52:35 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID:
    <MN0PR11MB6230A1C90F8A3F547D804571C8689 at MN0PR11MB6230.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

It all depends on what the current CC and Rs require to amend.  Ive dealt with this issue several time please call to discuss thanks

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Annie Fitzsimmons
Sent: Monday, August 15, 2022 1:13 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA limitations on short term rentals

Hello All - I am hoping to avoid emergency research.  Ack!

Is it still true that if an existing association wants to incorporate a restriction on short term rentals in the CCRs, that requires unanimous consent unless there is already a provision in the CCRs addressing use of the property for rental purposes?

Thanks!  Annie

Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528
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Message: 5
Date: Mon, 15 Aug 2022 15:00:30 -0700
From: Brent Williams-Ruth <brent at williams-ruthlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID:
    <CAMMb1JOkP-W-ROw1nA-WOD-NU7XCzX1-yPaUE04-sB4BmFU6_w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Also keep in mind that MOST CC&R's that I have encountered require the vote
to amend the CC&R's be of the mortgage holder and not just the owner of the
property.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Mon, Aug 15, 2022 at 1:47 PM Josh Grant <jgrant at accima.com> wrote:

> You have to amend the CC&R?s.  The % of lot owners required to amend
> should be set out in the original CC&R?s.  Usually it is 76%.  If it
> doesn?t say the % there is a state statute that determines the %.
>
> *Joshua F. Grant*
> [image: advocates]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>
> *From:* Annie Fitzsimmons
> *Sent:* Monday, August 15, 2022 1:13 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] HOA limitations on short term rentals
>
> Hello All - I am hoping to avoid emergency research.  Ack!
>
> Is it still true that if an existing association wants to incorporate a
> restriction on short term rentals in the CCRs, that requires unanimous
> consent unless there is already a provision in the CCRs addressing use of
> the property for rental purposes?
>
> Thanks!  Annie
>
> Annette T. Fitzsimmons P.S.
> P.O. Box 430
> Belfair, WA 98528
>
> ------------------------------
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 6
Date: Mon, 15 Aug 2022 15:29:19 -0700
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID:
    <CANnLPWBCq2=JyHZFLMJniRUNSdO618eW3u=QQjsEshRkJO1+AA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Generally the mortgage holder is exempt from any rental restrictions and
there would be language to that effect included in any rental restriction
amendments.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com

Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in
error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may
be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege

On Mon, Aug 15, 2022 at 3:03 PM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> Also keep in mind that MOST CC&R's that I have encountered require the
> vote to amend the CC&R's be of the mortgage holder and not just the owner
> of the property.
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> ***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent
> to the following address: **PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
>
> On Mon, Aug 15, 2022 at 1:47 PM Josh Grant <jgrant at accima.com> wrote:
>
>> You have to amend the CC&R?s.  The % of lot owners required to amend
>> should be set out in the original CC&R?s.  Usually it is 76%.  If it
>> doesn?t say the % there is a state statute that determines the %.
>>
>> *Joshua F. Grant*
>> [image: advocates]
>> P. O. Box 619
>> Wilbur, WA 99185
>> 509 647 5578
>>
>> *From:* Annie Fitzsimmons
>> *Sent:* Monday, August 15, 2022 1:13 PM
>> *To:* wsbarp at lists.wsbarppt.com
>> *Subject:* [WSBARP] HOA limitations on short term rentals
>>
>> Hello All - I am hoping to avoid emergency research.  Ack!
>>
>> Is it still true that if an existing association wants to incorporate a
>> restriction on short term rentals in the CCRs, that requires unanimous
>> consent unless there is already a provision in the CCRs addressing use of
>> the property for rental purposes?
>>
>> Thanks!  Annie
>>
>> Annette T. Fitzsimmons P.S.
>> P.O. Box 430
>> Belfair, WA 98528
>>
>> ------------------------------
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 7
Date: Mon, 15 Aug 2022 15:48:22 -0700
From: Brent Williams-Ruth <brent at williams-ruthlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID:
    <CAMMb1JNBa61EaXj5PPW_zZnnEvh2gKR9KSdnEY6in-FJ2N59Jw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

To clarify - I am not talking about the effect of an amendment. I am
talking about the process of getting the CC&R's amended.  When I was living
in my condo in Seattle and we wanted to change the rental cap, we were
advised by our association's attorney that changing the CC&R's required the
vote of the mortgage holder.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Mon, Aug 15, 2022 at 3:45 PM Douglas Scott <doug at rainieradvocates.com>
wrote:

> Generally the mortgage holder is exempt from any rental restrictions and
> there would be language to that effect included in any rental restriction
> amendments.
>
> *DOUGLAS W. SCOTT*
> Rainier Legal Advocates|LLC
>
> 465 Rainier Blvd. N., Suite C
> Issaquah, Washington 98027
> 425.392.8550 (tel)
> 425.392.2829 (fax)
>
>
>
> www.rainieradvocates.com
>
>
> Notice: This communication, including attachments, may contain
> information that is confidential and protected by the attorney/client or
> other privileges. It constitutes non-public information intended to be
> conveyed only to the designated recipient(s). If the reader or recipient of
> this communication is not the intended recipient, an employee or agent of
> the intended recipient who is responsible for delivering it to the intended
> recipient, or you believe that you have received this communication in
> error, please notify the sender immediately by return e-mail and promptly
> delete this e-mail, including attachments without reading or saving them in
> any manner. The unauthorized use, dissemination, distribution, or
> reproduction of this e-mail, including attachments, is prohibited and may
> be unlawful. Receipt by anyone other than the intended recipient(s) is not
> a waiver of any attorney/client or other privilege
>
>
> On Mon, Aug 15, 2022 at 3:03 PM Brent Williams-Ruth <
> brent at williams-ruthlaw.com> wrote:
>
>> Also keep in mind that MOST CC&R's that I have encountered require the
>> vote to amend the CC&R's be of the mortgage holder and not just the owner
>> of the property.
>>
>> *Brent Williams-Ruth* (pronouns: he/him)
>> *Attorney-At-Law*
>>
>> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting,
>> PLLC*
>>
>> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>>
>> ***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent
>> to the following address: **PO BOX 3319; Federal Way, WA 98063 *
>>
>> Office/Scheduling Phone: (253) 285-7751
>>
>> Direct: (253) 285-7453
>>
>> e-mail <Brent at Williams-RuthLaw.com> / website
>> <http://www.williams-ruthlaw.com/> / facebook
>> <http://www.facebook.com/bwrlaw> /
>>
>>
>> On Mon, Aug 15, 2022 at 1:47 PM Josh Grant <jgrant at accima.com> wrote:
>>
>>> You have to amend the CC&R?s.  The % of lot owners required to amend
>>> should be set out in the original CC&R?s.  Usually it is 76%.  If it
>>> doesn?t say the % there is a state statute that determines the %.
>>>
>>> *Joshua F. Grant*
>>> [image: advocates]
>>> P. O. Box 619
>>> Wilbur, WA 99185
>>> 509 647 5578
>>>
>>> *From:* Annie Fitzsimmons
>>> *Sent:* Monday, August 15, 2022 1:13 PM
>>> *To:* wsbarp at lists.wsbarppt.com
>>> *Subject:* [WSBARP] HOA limitations on short term rentals
>>>
>>> Hello All - I am hoping to avoid emergency research.  Ack!
>>>
>>> Is it still true that if an existing association wants to incorporate a
>>> restriction on short term rentals in the CCRs, that requires unanimous
>>> consent unless there is already a provision in the CCRs addressing use of
>>> the property for rental purposes?
>>>
>>> Thanks!  Annie
>>>
>>> Annette T. Fitzsimmons P.S.
>>> P.O. Box 430
>>> Belfair, WA 98528
>>>
>>> ------------------------------
>>> ***Disclaimer: Please note that RPPT listserv participation is not
>>> restricted to practicing attorneys and may include non-practicing
>>> attorneys, law students, professionals working in related fields, and
>>> others.***
>>>
>>> _______________________________________________
>>> WSBARP mailing list
>>> WSBARP at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>>>
>>> ***Disclaimer: Please note that RPPT listserv participation is not
>>> restricted to practicing attorneys and may include non-practicing
>>> attorneys, law students, professionals working in related fields, and
>>> others.***
>>>
>>> _______________________________________________
>>> WSBARP mailing list
>>> WSBARP at lists.wsbarppt.com
>>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 8
Date: Tue, 16 Aug 2022 16:46:29 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals
Message-ID:
    <MW2PR12MB2379099EA41A7CD2F0590912C86B9 at MW2PR12MB2379.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

The CC&Rs should control, subject to RCW 64.32.090(13), RCW 64.34.264(6), and/or RCW 64.34.272 as applicable.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: 08/15/2022 3:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA limitations on short term rentals

To clarify - I am not talking about the effect of an amendment. I am talking about the process of getting the CC&R's amended.  When I was living in my condo in Seattle and we wanted to change the rental cap, we were advised by our association's attorney that changing the CC&R's required the vote of the mortgage holder.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /

On Mon, Aug 15, 2022 at 3:45 PM Douglas Scott <doug at rainieradvocates.com<mailto:doug at rainieradvocates.com>> wrote:
Generally the mortgage holder is exempt from any rental restrictions and there would be language to that effect included in any rental restriction amendments.

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com<http://www.rainieradvocates.com/>

Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege

On Mon, Aug 15, 2022 at 3:03 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
Also keep in mind that MOST CC&R's that I have encountered require the vote to amend the CC&R's be of the mortgage holder and not just the owner of the property.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /

On Mon, Aug 15, 2022 at 1:47 PM Josh Grant <jgrant at accima.com<mailto:jgrant at accima.com>> wrote:
You have to amend the CC&R?s.  The % of lot owners required to amend should be set out in the original CC&R?s.  Usually it is 76%.  If it doesn?t say the % there is a state statute that determines the %.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Annie Fitzsimmons
Sent: Monday, August 15, 2022 1:13 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA limitations on short term rentals

Hello All - I am hoping to avoid emergency research.  Ack!

Is it still true that if an existing association wants to incorporate a restriction on short term rentals in the CCRs, that requires unanimous consent unless there is already a provision in the CCRs addressing use of the property for rental purposes?

Thanks!  Annie

Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528

________________________________
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***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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Message: 9
Date: Tue, 16 Aug 2022 10:53:19 -0700
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] escrow for restaurant closing
Message-ID:
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Client needs an escrow to handle the closing of a non-real estate sale
involving only the sale of the restaurant business.  East side of Lake
Washington is preferred. Stewart Title says they do not do non-real estate
closings.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com

Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in
error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
any manner. The unauthorized use, dissemination, distribution, or
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be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege
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Message: 10
Date: Tue, 16 Aug 2022 18:02:37 +0000
From: Heather Walley <hwalley at mcferranlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] escrow for restaurant closing
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Good morning,

Our office handles escrow for business opportunities.  We are in Tacoma but with Authentisign and mobile notaries, most things can be accomplished without coming to the office.

Very truly yours,

Heather A. Walley
Attorney at Law
Pronouns: She/Her
McFERRAN LAW, P.S.
Address:  3906 South 74th Street, Tacoma, WA 98409
Direct Dial:  (253) 284-3895
Facsimile:  (253) 284-3855
Email:  hwalley at mcferranlaw.com<mailto:hwalley at mcferranlaw.com>

Mrs. Walley?s Practice is Focused on:

    *Real Estate Transaction Matters and Contract Formation
    *Residential and Commercial Purchases and Sales
    *Residential and Commercial Landlord/Tenant Matters
    *Estate Planning including Wills, Trusts and Probate Administration
    *Business Entity Formations/Corporations/Limited Liability Companies
    *Section 1031 Tax Deferred Exchange Qualified Intermediary Services
    *Business Opportunity Escrow and Closing Services
    *Residential and Commercial Escrow Services

Websites of Interest:
      www.mcferranlaw.com<http://www.mcferranlaw.com/>
      www.taxexchange.com<http://www.taxexchange.com/>
      www.mcferranu.com<http://www.mcferranu.com/>

      CONFIDENTIALITY NOTE:  This transmission may contain information belonging to McFerran Law,  P.S. which is confidential and/or legally privileged.  The information is intended for the use of the individual or entity to whom it is addressed above.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited.  If you have received this transmission in error, please immediately notify us by telephone so that we can arrange for return of the information.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Tuesday, August 16, 2022 10:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] escrow for restaurant closing

Client needs an escrow to handle the closing of a non-real estate sale involving only the sale of the restaurant business.  East side of Lake Washington is preferred. Stewart Title says they do not do non-real estate closings.

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com<http://www.rainieradvocates.com/>

Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege
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Message: 11
Date: Tue, 16 Aug 2022 18:06:10 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] escrow for restaurant closing
Message-ID:
    <MW4PR14MB4604836AC7BE1815BB9CE073C06B9 at MW4PR14MB4604.namprd14.prod.outlook.com>

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Jaye Lynn Schneider is terrific!
[cid:image003.png at 01D8B160.2F291D30]

Jennifer L. White, Esq.
[cid:image002.jpg at 01D8B160.2F0D57D0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Tuesday, August 16, 2022 10:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] escrow for restaurant closing

Client needs an escrow to handle the closing of a non-real estate sale involving only the sale of the restaurant business.  East side of Lake Washington is preferred. Stewart Title says they do not do non-real estate closings.

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.rainieradvocates.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=-dZhTIGCL2xcUh0mHjuimK295EAzbTfqqVKH2BLMTvo&s=QgRoRz7YG3UXx5S4Cg2p8TbCUc8zdUEGczN8YoHpraI&e=>

Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege
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------------------------------

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End of WSBARP Digest, Vol 95, Issue 15
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