[WSBARP] Quasi-Height Restrictive Covenant and Waiver

[Douglas Scott]

This is often factually dependent. In fighting such restrictions I have in
the past relied upon White v Wilhelm 34 Wash App 763 and Berson v Cape
George 10 Wash App 969. Good luck
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
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On Fri, Mar 8, 2024 at 11:22 AM Gabriel Dietz <gabe at hdpnw.com> wrote:

> 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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