[WSBARP] Waiver of CC&R Provisions

Fri Sep 9 06:21:56 PDT 2022

I doubt they would be willing to waive, and possibly that they don't 
have the power to waive (other homeowners might have enforcement 
powers).  If the neighbor who discovered the fence isn't complaining, 
why pop up and ask for a waiver for a clear violation?  The 
non-compliance would likely need to be disclosed on resale, however.

Also, what is the expected life of a vinyl fence?  Vinyl does become 
brittle, especially sitting in the sun.  They already have 22 years of life.

Kary L. Krismer
206 723-2148

On 9/8/2022 12:01 PM, Mark Anderson wrote:
>
> Dear All:
>
> 1995 CC&Rs for a certain community require that “[a]ll fencing and 
> screening, with the exception of the Common Areas, shall be of cedar 
> other comparable wood.”  Unaware of this, Homeowner built a vinyl 
> fence in 2000.  No one has said anything until now, when Homeowner’s 
> neighbor was rebuilding his own fence and discovered the vinyl fence. 
> Homeowner believes the HOA board will grant a waiver for the 
> requirement that Homeowner’s fence be made of wood (and not vinyl).
>
> Do any of you have an example of a document for the board to sign that 
> would grant such a waiver?
>
> Thanks in advance.
>
> *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
> www.mbaesq.com <http://www.mbaesq.com/>**
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> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jan Kelly
> *Sent:* 09/08/2022 8:34 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] PC seeking Well Agmt
>
> Craig,
>
> Living in Kitsap County, I have done many of these. I'm happy to help.
>
> Jan
>
> On Thu, Sep 8, 2022 at 7:51 AM Craig Blackmon 
> <craig at lawofficeofcraigblackmon.com> wrote:
>
>     'Mates, PC has property in King County and will be seeking to
>     reach agreement with neighbor in regards to well access and usage.
>     I am a city boy, I don't have much well stuff on hand...
>
>     Self-referrals encouraged -- if you're on this list, you're solid.
>     I will forward names as received.
>
>     Craig
>
>     Craig Blackmon, Attorney at Law
>     <https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
>
>     92 Lenora St. #103, Seattle WA  98121
>
>     Office/Cell: (206) 369-5949
>
>     On the blog: Co-Ownership of Real Property by Single People
>     <https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
>
>     <https://seattlepropertylawyer.com/><https://www.fsbolawyers.org/>
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> -- 
>
> /Jan Kelly, JD/MBA
> /Attorney at Law
>
> JK Law
> PO Box 1964
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> Direct Line (702) 338-6733
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