[WSBARP] adverse possession against HOA

[Patrick McDonald]

I agree with Robert and Michael. Division I addressed this issue last year in an unpublished case and said the plain language of the statute prohibited adverse possession of a homeowner association’s open space. It applied the dictionary definition of “greenbelt” when looking at the common area at issue. The case is Close v. Yarrow Hill Homeowners Association.

Patrick McDonald
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Pody & McDonald, PLLC
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Seattle, WA 98104
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Michael Brandt
Sent: September 1, 2022 4:22 PM
To: cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] adverse possession against HOA

Robert is correct, so be very wary of this.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.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 Robert R. Cole
Sent: Thursday, September 1, 2022 3:33 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] adverse possession against HOA


see RCW 36.70A.165 if it is open space or greenbelt.


Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
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On 9/1/2022 3:25 PM, Bryce Dille wrote:
Can an homeowner successfully adversely possess against his HOA in which he is a member title is in name of association and is separate tax parcel in this case it appears all the elements are present. In other words can you apply the doctrine to property in which the adverse possessor has an interest as a member of title holder. Thanks for your input

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

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