[WSBARP] Quasi-Height Restrictive Covenant and Waiver

[Gabriel Dietz]

PC is considering purchase of a residential vacant lot with a nice view of
the Puget Sound.

The declaration of protective covenants from 1947 has the following
language:

"If the parties hereto, or any of them, or their heirs or assigns, shall
violate or attempt to violate any of the covenants herein, it shall be
lawful for any other person or persons owning any real property situated in
said development to prosecute any proceedings at law or in equity against
the person or persons violating or attempting to violate any such covenant
and either to prevent him or them from so doing or to recover damages or
other dues for such violation.

. . .

"All lots shall be designated 'Residence Lots' and no structure shall be
erected thereon other than one detached single family dwelling, not to
exceed one and one-half (1 1/2) stories in height and a garage or other
appropriate building constructed under the same general style as the
dwelling and appropriate in appearance."

PC wants to build a three-story home. There are many houses in the 50+ lot
development that have been built that are more than one and a half stories
tall. My concern here is that the individual right to bring a lawsuit by
the neighbors particular to this home might not be waived.

Does anyone have any cases on point? Any thoughts about this scenario
including whether PC is buying into a lawsuit? I could research selective
enforcement and waiver, estoppel, changed circumstances, and other
doctrines but wanted to start here first.

Thank you in advance.

Gabriel A. Dietz, Partner

Hoerschelmann Dietz PLLC

Attorneys at Law
p: (206) 451-3859

f: (206) 337-4506

*gabe at hdpnw.com <gabe at hdpnw.com>*

*www.hdpnw.com <http://www.hdpnw.com/>*

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