[WSBARP] WSBARP Digest, Vol 94, Issue 6
Stephen Whitehouse
swhite8893 at aol.com
Fri Jul 8 10:54:18 PDT 2022
Bryce, Creating rental based restrictions is very difficult to do, after the fact. If you look at recent cases, HOA's are very limited on covenant amendments. With rentals, there is an added issue that an owner can raise, that when they bought, they had income based expectations. Rentals are very difficult for an HOA to manage. The most important step is for the HOA to stay on top of its covenant enforcement. One issue to look at is, what covenant violations could be cause under the new LT amendments. Requiring the landlord to put in some language relating to that might help. Another step is to require all rentals to be registered with the HOA and to require prior approval after the landlord has done a complete tenant screen, not the usual credit check a lot of them do.One issue you also have is how are they going to be managed. If you have a company buying these, then perhaps they are going to have a good management process. In small communities, that is not the case. Most rentals are owned by people that just have a few as investments and they have no idea how to manage them. So one idea to solve that problem, if it exists, is to require them to go through a rental management company approved by the HOA. Some rental management companies are great and some are horrible. I have not really gone through the thinking on this recently, particularly with the new LT amendments. My point is, you cannot overly restrict an owners ability to rent unless the original covenants address it. What you have to do is to find ways to manage the process, and create a record of why you are doing it.
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: Fri, Jul 8, 2022 9:51 am
Subject: WSBARP Digest, Vol 94, Issue 6
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Today's Topics:
1. HOA Covenants (Bryce Dille)
2. Re: HOA Covenants (Douglas Scott)
3. Re: HOA Covenants (Paul Neumiller)
4. Kind of OT - attorney for RE broker dealing with DOL
complaint (Eric Nelsen)
5. King County E-Script - An Upgrade? Or a Horrific Downgrade in
Technology that puts the profession back 15 years? (Kaitlyn Jackson)
6. referral for homeowner (contractor went bankrupt)
(Kristi L. Richards)
7. Re: referral for homeowner (contractor went bankrupt)
(Craig Gourley)
8. Re: King County E-Script - An Upgrade? Or a Horrific
Downgrade in Technology that puts the profession back 15 years?
(Jennifer L White)
----------------------------------------------------------------------
Message: 1
Date: Thu, 7 Jul 2022 20:49:56 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA Covenants
Message-ID:
<SJ0PR11MB4893232CD6199952A73518C6C8839 at SJ0PR11MB4893.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
I have an HOA that wants to discourage companies coming in and buying homes for sole purpose of renting. The HOA doesn't want to impose rental restrictions since a lot of the owners are service personnel who need to rent if deployed. It was proposed to amend the CC and Rs to prevent corporate ownership of residences and that all lots must be owned by individuals and no corporate or LLC ownership so as to eliminate company owned rentals. I can find no statute rule or regulation that prevent discrimination based on corporate ownership alone please let me know your thoughts
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.
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Message: 2
Date: Thu, 7 Jul 2022 14:20:51 -0700
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Covenants
Message-ID:
<CANnLPWCWrZ1RmHfTAP9pHKw9yHcC0q_x15CGEKsmF-VtoODSiw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Bryce, that would be one way to do it. Another might be to impose a
blanket rental restriction with the exception of a job/employment
interruption or deployment which compels the unit owner to leave the area
for certain time periods.
*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
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On Thu, Jul 7, 2022 at 1:52 PM Bryce Dille <Bryce at dillelaw.com> wrote:
> I have an HOA that wants to discourage companies coming in and buying
> homes for sole purpose of renting. The HOA doesn?t want to impose rental
> restrictions since a lot of the owners are service personnel who need to
> rent if deployed. It was proposed to amend the CC and Rs to prevent
> corporate ownership of residences and that all lots must be owned by
> individuals and no corporate or LLC ownership so as to eliminate company
> owned rentals. I can find no statute rule or regulation that prevent
> discrimination based on corporate ownership alone please let me know your
> thoughts
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
>
> 2010 Caton Way SW Ste. 101
>
> Olympia, WA 98502
>
> Office: 360-350-0270
>
> Cell: 253-579-5561
>
>
>
> [image: 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.
>
>
> ***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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> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 3
Date: Thu, 7 Jul 2022 21:39:47 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Covenants
Message-ID:
<MW3PR13MB39803CAA9E5FE5958289D4A0D2839 at MW3PR13MB3980.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
What about the clients who own homes as single-member LLCs?
[cid:image002.jpg at 01D8920F.6634F120]
IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Thursday, July 7, 2022 1:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA Covenants
I have an HOA that wants to discourage companies coming in and buying homes for sole purpose of renting. The HOA doesn't want to impose rental restrictions since a lot of the owners are service personnel who need to rent if deployed. It was proposed to amend the CC and Rs to prevent corporate ownership of residences and that all lots must be owned by individuals and no corporate or LLC ownership so as to eliminate company owned rentals. I can find no statute rule or regulation that prevent discrimination based on corporate ownership alone please let me know your thoughts
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.
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Message: 4
Date: Thu, 7 Jul 2022 22:59:53 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Kind of OT - attorney for RE broker dealing with DOL
complaint
Message-ID:
<098D0346993E6A48B0D5F184C0AB002E92487A at SBS2011.sayrelawoffices.local>
Content-Type: text/plain; charset="us-ascii"
Referrals appreciated, for a potential client who is a real estate broker and has had a DOL complaint filed against them. Located in King County, if it matters-are these proceedings in Olympia generally?
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.
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Message: 5
Date: Thu, 7 Jul 2022 17:08:59 -0700
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] King County E-Script - An Upgrade? Or a Horrific
Downgrade in Technology that puts the profession back 15 years?
Message-ID:
<CAO+NF_5spCqS5zHUPHJnv4U_wYWeUB5tnteDUgap34M1T82O=Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Hi Brainiacs of Real Property -
I have been forced to use the new King County E-Script service for getting
case documents since they implemented it a while ago. I am finding it is an
epic failure from a technology perspective, cost perspective, effectiveness
perspective, and generally flabbergasted why the county would move away
from the ECR system in favor of something that is slower, costlier, less
efficient, and less reliable?
My basic complaints are:
1. You can't preview documents before you download/pay for them to ensure
they are what you are looking for (like you could with ECR);
2. You have to pay/enter credit card information for every single
transaction to get access to documents (rather than being able to have an
account that is billed against) which takes significantly more time and you
are charged processing fees every single time;
3. You do not get access to the documents you have paid for immediately.
Apparently, they email you when they are ready. This has taken several days
in some cases and sometimes never happens. If they don't email you, you
have to remember to go back into your account and look for the receipt
number and track them down;
4. If they don't email you, then you have 48 hours to pull the documents
off the system yourself before they are no longer accessible again;
5. the E-Script system randomly shuts down and becomes inaccessible with no
notice (I tried to get in today after paying for documents and the site was
not accessible).
This process has significantly decreased productivity and increased costs.
I'm curious if everyone else is just as frustrated as I am at what appears
to be an obvious step backwards with the implementation of this "new"
system. If yes, can we lobby to have the County go back to ECR?
--
Thank you,
Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
*Office:* 206-973-3500?*Fax:* 206-577-5090
*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*
*www.dimensionlaw.com <http://www.dimensionlaw.com/>*
130 Andover Park East, Suite 300, Tukwila, WA 98188
*PLEASE NOTE THAT I WILL BE OUT OF THE OFFICE *
*JULY 11-15, 2022 with limited access to email. *
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Message: 6
Date: Fri, 8 Jul 2022 00:46:32 +0000
From: "Kristi L. Richards" <KRichards at skellengerbender.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] referral for homeowner (contractor went bankrupt)
Message-ID:
<BY5PR13MB44722DCEBB19FD202F26A944D6829 at BY5PR13MB4472.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
Does anyone have a good referral an attorney that could assist a homeowner that paid a contractor money, recently discovered the contractor is declaring bankruptcy, and the attorney for the contractor is not responding to any questions?
The money deposited is substantial for a homeowner, but they recognize litigation costs are also substantial and are seeking general advice about what might be done and possibly someone that could manage any reasonable collection options.
All referrals would be welcome. Thank you.
Kristi
Kristi L. Richards
Attorney
skellenger bender
TRUST AND ESTATE PRACTICE
Estate Planning | Probate
PHONE 206.623.6501 | FAX 206.447.1973
krichards at skellengerbender.com<mailto:krichards at skellengerbender.com> | www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
Pronouns: she/her
NOTICE: This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential. This communication is intended solely for the use of the individual(s) named above. If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication. If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.
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Message: 7
Date: Fri, 8 Jul 2022 01:11:12 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] referral for homeowner (contractor went
bankrupt)
Message-ID:
<MW3PR12MB436223C8D4B5ABD623A4182FAE829 at MW3PR12MB4362.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Tom Hause in our office has done 3 or 4 of these in the past few months. Recovery will depend on if there is fraud involved and if the bond has been impaired yet.
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH: (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kristi L. Richards
Sent: Thursday, July 7, 2022 5:47 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] referral for homeowner (contractor went bankrupt)
Does anyone have a good referral an attorney that could assist a homeowner that paid a contractor money, recently discovered the contractor is declaring bankruptcy, and the attorney for the contractor is not responding to any questions?
The money deposited is substantial for a homeowner, but they recognize litigation costs are also substantial and are seeking general advice about what might be done and possibly someone that could manage any reasonable collection options.
All referrals would be welcome. Thank you.
Kristi
Kristi L. Richards
Attorney
skellenger bender
TRUST AND ESTATE PRACTICE
Estate Planning | Probate
PHONE 206.623.6501 | FAX 206.447.1973
krichards at skellengerbender.com<mailto:krichards at skellengerbender.com> | www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
Pronouns: she/her
NOTICE: This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential. This communication is intended solely for the use of the individual(s) named above. If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication. If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.
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Message: 8
Date: Fri, 8 Jul 2022 16:50:52 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] King County E-Script - An Upgrade? Or a Horrific
Downgrade in Technology that puts the profession back 15 years?
Message-ID:
<MW4PR14MB4604027BFA05E0719E3C9EDDC0829 at MW4PR14MB4604.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
I agree with you 100%. There is a survey on there you can fill out, which I did and expressed my frustrations. If enough practitioners complain, maybe that will spur change? I suppose if there had never been ECR none of us would know the difference, but this current system is definitely a step-backward. All of your points are valid, but the not getting immediate access is my biggest pet peeve. When I?m working on something and need the documents, I don?t want to wait hours/days to get them. This has not been a ?consumer friendly? change, and ultimately increases costs for our clients.
Jennifer L. White, Esq.
[cid:image001.jpg at 01D892B0.33F47DB0]
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 Kaitlyn Jackson
Sent: Thursday, July 7, 2022 5:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] King County E-Script - An Upgrade? Or a Horrific Downgrade in Technology that puts the profession back 15 years?
Hi Brainiacs of Real Property -
I have been forced to use the new King County E-Script service for getting case documents since they implemented it a while ago. I am finding it is an epic failure from a technology perspective, cost perspective, effectiveness perspective, and generally flabbergasted why the county would move away from the ECR system in favor of something that is slower, costlier, less efficient, and less reliable?
My basic complaints are:
1. You can't preview documents before you download/pay for them to ensure they are what you are looking for (like you could with ECR);
2. You have to pay/enter credit card information for every single transaction to get access to documents (rather than being able to have an account that is billed against) which takes significantly more time and you are charged processing fees every single time;
3. You do not get access to the documents you have paid for immediately. Apparently, they email you when they are ready. This has taken several days in some cases and sometimes never happens. If they don't email you, you have to remember to go back into your account and look for the receipt number and track them down;
4. If they don't email you, then you have 48 hours to pull the documents off the system yourself before they are no longer accessible again;
5. the E-Script system randomly shuts down and becomes inaccessible with no notice (I tried to get in today after paying for documents and the site was not accessible).
This process has significantly decreased productivity and increased costs. I'm curious if everyone else is just as frustrated as I am at what appears to be an obvious step backwards with the implementation of this "new" system. If yes, can we lobby to have the County go back to ECR?
--
Thank you,
Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
Office: 206-973-3500?Fax: 206-577-5090
Email: kaitlyn at dimensionlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__dimensionlaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=36C4TIIdzud_W2Zm_akTvBF2datD-xsVQ1H-J1czSZI&s=pqMfcR1Iwz_S_PzYML41LGTzeXQOLaUGC8g_TMDfam0&e=>
www.dimensionlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dimensionlaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=36C4TIIdzud_W2Zm_akTvBF2datD-xsVQ1H-J1czSZI&s=2TtpNOqDjmObLy1eZ00R44wkCdJ1gY5clt317H5H5c0&e=>
130 Andover Park East, Suite 300, Tukwila, WA 98188
PLEASE NOTE THAT I WILL BE OUT OF THE OFFICE
JULY 11-15, 2022 with limited access to email.
PRIVILEGED AND CONFIDENTIAL: This email (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this email is prohibited. If you have received this email in error, please immediately notify us by email, facsimile, or telephone; return the email to us at the email address below; and destroy all paper and electronic copies.
Sent with Right Inbox<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.rightinbox.com_-3Futm-5Fsource-3Dsignature&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=36C4TIIdzud_W2Zm_akTvBF2datD-xsVQ1H-J1czSZI&s=6TLcctf1fJVmeNF62Kk5-b8ecN2jro7sT07Erfz-e-s&e=>
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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