Homeowner's Rights

Bonney Lake, WA: (Mar-19-08) The Brookwater Homeowners Association brought a lawsuit against Bonney Lake Marketplace Developers, the firm that is responsible for building a shopping center where a Lowe's home improvement store will be built, over homes located in a cul-de-sac on 200th Avenue East next to the Lowe's construction site. The suit centered around four homes in the cul-de-sac. One was torn down Mar. 12, 2008 and the other three will be moved. The association brought the suit in Pierce County Superior Court in August 2006, stating that a monument sign and a commercial driveway from 200th Court East that would cross a residential lot would violate the group's Covenants, Conditions and Restrictions (CCRs).

Jeff Oliphant, owner of the Bellingham-based development firm, recently made public that the two warring sides had reached a settlement agreement, and resolved litigation stemming from the dispute. As per the terms of the settlement, Oliphant said that there would be a releasing of the homes on the cul-de-sac from the association's CCRs. Bonney Lake Marketplace Developers also agreed to pay the association $87,500 for the right to bring an underground waterline for firefighting across 100th Avenue Court East and a strip of land owned by the association. [BONNY LAKE/LAKE TAPPS COURIER-HERALD: HOMEOWNERS AND LOWE'S DEVELOPER REACH SETTLEMENT]

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Published on Mar-21-08