[WSBARP] WSBARP Digest, Vol 94, Issue 6
K. Garl Long
Garl at longlaw.biz
Fri Jul 8 11:44:22 PDT 2022
Did not know that so many investors (housing providers) needed to be
schooled in managing their investments by those who know better.
KGL
On 7/8/22 10:54, Stephen Whitehouse wrote:
> 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 Whitehouse
> Whitehouse & Nichols, LLP
> P.O. Box 1273
> 601 W. Railroad Ave.
> Shelton, Wa. 98584
> 360-426-5885
> swhite8893 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.
> >
> >
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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
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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.
>
> -------------- next part --------------
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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
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> 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 *
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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
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> error, you are hereby notified that any consideration, dissemination
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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
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>
>
> 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
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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=
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